3 29.6.2021 This Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 6715 Ori

                         MACA NO.797 OF 2020




                                        I.A.NO.1460 OF 2020

3   29.6.2021               This matter is taken up by video conferencing
                mode.
                            Heard Sri P.K.Mahali, learned counsel for the
                Appellant    and      Sri   J.Mohanty,   learned   counsel   for
                Respondent Nos.1 to 3.
                            This application is filed for condonation of delay
                in filing the Appeal.
                            Considering the rival contentions of the Parties,
                212 days delay in filing the Appeal stands condoned subject
                to cost of Rs.4000/- (rupees four thousand), which is paid in
                Court to the learned counsel for the Claimants.
                            I.A. stands disposed of.

                                                  ..............................
                                                  Biswanath Rath, J.

MACA NO.797 OF 2020

4 29.6.2021 Since delay in filing the MACA No.797 of 2020 is condoned, on consent of the parties, the Appeal is taken up for final disposal.

The present Appeal arises out the judgment & award dated 22.1.2020 passed by the 1st Motor Accident Claims Tribunal-I, Cuttack in MAC No.691 of 2018.

Considering the rival contentions of the parties and taking into account the grounds taken in the Appeal, this Court finds, there is slight irregularity in the matter of compensation so far it relates to the offending vehicle, whose number has not been mentioned in the F.I.R. as well as Inquest Report, seizure of the vehicle was made after 47 m days of lodging of the F.I.R., the driver had no valid D.L. to drive the heavy goods vehicle, ex-gratia compensation

granted to the legal heirs should be deducted but however, considering that the accident has occurred in the year 2018, this Court instead of remanding the matter, reduces the awarded amount from Rs.76,97,724/- to Rs.70,00,000/- (rupees seventy lakh). The Insurance Company is directed to deposit the modified awarded amount with interest @ 6% per annum from the date of claim application, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in favour of the Claimants proportionately as per the terms & conditions made in the order of the Tribunal, but upon sufficient proof of identification before the Tribunal within a period of two weeks thereafter. The right to recovery granted by the Tribunal is maintained. All other terms and conditions fixed by the Tribunal be also maintained.

On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the statutory deposit with accrued interest shall be refunded to the Insurance Company.

With the aforesaid observation and direction the MACA stand disposed of.

As restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilise the soft copy of this order available in the High Court's Website or Print Out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020 subject to it being attested by the Advocate concerned.

..............................

Biswanath Rath, J.