Heard Mr. A.A. Khan vs Unknown
2021 Latest Caselaw 3296 Ori

                            MACA No.174 of 2017




5.   5.03.2021         I.A. No.343 of 2019
                       Heard Mr. A.A. Khan, learned counsel for Appellant
                 and Mr. P.K. Mishra, learned counsel for Respondent
                 Nos.1 to 3.
                       Considering the rival contentions of the parties,
                 delay in filing of the appeal stands condoned.
                       I.A. stands disposed of allowing the same.

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

(Biswanath Rath, J.)

6. 5.03.2021 MACA No.174 of 2017 Since delay in filing the MACA No.174 of 2017 is condoned, on consent of the parties, the appeal is taken up for final disposal.

Heard Mr.A.A. Khan, learned counsel for Appellant and Mr. P.K. Mishra, learned counsel for Respondent Nos.1 to 3.

The present appeal arises out the judgment & award dated 25.10.2016 passed by the 4th MACT, Cuttack in MAC No.163 of 2013/86 of 2015.

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 general damages, but however, considering that the accident has occurred in the year 2013, this Court instead of remanding the matter, reduces the awarded amount from Rs.9,64,000/- (Rupees Nine lakhs sixty- four thousand) only to Rs.9,00,000/- (Rupees Nine lakhs)

only. The Insurance Company is directed to deposit the modified awarded amount with interest as directed by the judgment & award dated 25.10.2016 passed by the 4th MACT, Cuttack in MAC No.163 of 2013/86 of 2015, 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 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.

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

(Biswanath Rath, J.)

Ayas