Orissa High Court
7 30.06.2021 This Matter Is Taken ... vs Panigrahi on 30 June, 2021
W.P.( C.M.P.
MACA
No.1360
No.260
of 2015
of 2018
I.A.No.421 of 2019
7 30.06.2021 This matter is taken up by video conferencing mode.
Heard Mr.Khan, learned counsel for the Appellant and Sri
Panigrahi, learned counsel for the Respondent Nos.1 and 2.
This application is filed for condoning the delay in filing the
appeal.
Considering the rival contentions of the parties, 210 days delay
in filing the appeal stands condoned subject to payment of cost of
Rs.4,000/- (Rupees four thousand) to the learned counsel
appearing for the respondent nos.1 and 2, which is paid in Court.
I.A. stands disposed of.
............................
Biswanath Rath,J.
MACA No.260 of 2018
8 30.06.2021 Since delay in filing the MACA No.260 of 2018 is condoned, on
consent of the pastries, the appeal is taken up for final disposal.
Heard Mr.Khan, learned counsel for the appellant and Sri
Panigrahi, learned counsel for the Respondent Nos.1 and 2.
The present appeal arises out the judgment & award dated
01.07.2017 passed by the learned 3rd Motor Accident Claims
Tribunal, Bhanjanagar in the district of Ganjam in MAC No.51 of
2014.
Considering the rival contentions of the parties and taking into
account the grounds taken in the appeal, this Court while finding no
scope for enhancement of the awarded amount, on the other hand
finds, there is slight irregularities in the matter of compensation so
far it relates to assessment of compensation, but however,
considering that the accident has occurred in the year 2014, this
Court instead of remanding the matter, reduces the awarded
amount from Rs.17,00,000/-(Rupees seventeen lakhs)) only to
Rs.14,00,000/- (Rupees Fourteen lakhs) only. The Insurance
Company is directed to deposit the modified awarded amount with
interest @ 6% per annum from the date of claim application i.e.
from 24.03.2014 till actual payment is made before the Tribunal
within a period of six weeks hence and the same shall be disbursed
in favour of the claimant(s) 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.
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 resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout of
the order available in the High Court's website, at par with certified
copy, subject to attestation by the concerned advocate, in the
manner prescribed vide Court's Notice No.4587, dated 25.3.2020
as modified by Court's Notice No.4798, dated 15th April, 2021.
sks
..................................
Biswanath Rath,J.
