MACA/787/2019
2021 Latest Caselaw 3926 Ori

                             MACA No.787 of 2019




5.   19.03.2021         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 8th August, 2019 passed by the learned
                  Motor Accident Claims Tribunal-I, Baleswar in MAC
                  No.577 of 2017.
                        Considering the rival contentions of the parties and
                  taking into account the grounds taken in the appeal, this
                  Court finds, there is slight irregularities in the matter of
                  compensation so far it relates to income of the deceased,
                  but however, considering that the accident has occurred
                  in the year 2017, this Court instead of remanding the
                  matter,       reduces     the    awarded     amount      from
                  Rs.31,36,955/-        (Rupees   Thirty-one   lakhs   thirty-six
                  thousand nine hundred fifty-five) only to Rs.29,00,000/-
                  (Rupees    Twenty-nine      lakhs)   only.   The     Insurance
                  Company is directed to deposit the modified awarded
                  amount with interest @ 7% 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 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
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       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