Heard Mr. S. Satapathy vs Unknown
2021 Latest Caselaw 3295 Ori

                         MACA No.1186 of 2018




11.    5.03.2021         I.A. No.1759 of 2018
                         Heard Mr. S. Satapathy, learned counsel for the
                   Appellant and Mr. P.C. Pattnaik, learned counsel for the
                   Respondent Nos.1, 2 & 4.
                         This I.A. is filed for condoning the delay of 130
                   days in filing appeal.
                         Considering the rival contentions of the parties,
                   delay in filing of the appeal stands condoned, but subject
                   to the Appellant's paying a sum of Rs.1200/- to the
                   learned counsel for the Respondent nos.1, 2 & 4. Since
                   the payment is made in Court today, nothing survives in
                   this I.A. to be adjudicated upon any further, which is,
                   hereby, disposed of.
                                                 ...............................

(Biswanath Rath, J.)

12. 5.03.2021 MACA No.1186 of 2018 Since delay in filing the MACA No.1186 of 2018 is condoned, on consent of the parties, the appeal is taken up for final disposal.

Heard Mr. S. Satapathy, learned counsel for the Appellant and Mr. P.C. Pattnaik, learned counsel for the Respondent Nos.1, 2 & 4.

The present appeal arises out the judgment & award dated 24.04.2018 passed by the 3rd MACT, Bhubaneswar in M.A.C Case No.119 of 2006.

Considering the rival contentions of the parties and for the observation of the Tribunal at page 9 of the judgment & award dated 24.04.2018 that there is no material to establish return of the premium, this Court is not inclined to accept the grounds raised herein. Ayas However, entering into the question of quantum and

looking to the claim with regard to receipts involving the deceased at the relevant point of time, this Court finds, the assessment made with regard to the wage aspect involving the deceased is at a higher side and since the accident is taken place on 1.12.2005 and in the meantime almost 15 years have already passed, this Court instead of remanding the matter for re- consideration on assessment of quantum aspect, feels it appropriate to reduce the awarded amount from Rs.24,46,500/- (Rupees Twenty-four lakhs forty-six thousand five hundred) only to Rs.19,50,000/- (Rupees Nineteen lakhs fifty thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest @ 7% per annum allthrough, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions 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 stands disposed of.

............................... (Biswanath Rath, J.)