MACA/178/2020
2021 Latest Caselaw 3929 Ori

                           MACA No.178 of 2020




06.   19.03.2021                 On consent of the parties, the appeal is
                   taken up for final disposal.
                                 Heard Mr.N.B.Das, learned counsel for the
                   Appellant-Insurance      Company       and   Mr.P.K.Behera,
                   learned counsel for the claimant-respondent nos.1 and
                   2.
                                 The present appeal arises out the judgment
                   & award dated 23.10.2019 passed by the Motor Accident
                   Claims Tribunal-1, Balasore in M.A.C. Case No.488 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.24,86,890/- (Rupees Twenty four lakhs
                   eighty six thousand eight hundred ninety) only to
                   Rs.22,00,000/- (Rupees Twenty two lakhs) only. The
                   Insurance Company is directed to deposit the modified
                   awarded amount with interest @7.5% per annum from
                   th edat eof applciation, passed by the Motor Accident
                   Claims Tribunal-I, Baleswar in M.A.C. Case No.488 of
                   2017, 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
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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.