Manager Claims vs Jali Dehury And Others
2021 Latest Caselaw 11611 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      MACA No.613 of 2020
             Manager Claims, M/s.Tata AIG                ....         Appellant
             General Insurance Co. Ltd.
                                                      Mr. G.P. Dutta, Advocate
                                           -versus-
             Jali Dehury and others                  ....      Respondents
                         Mr. B.N. Rath, Advocate for Respondent Nos.1 to 3

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                         ORDER

12.11.2021 Order No. I.A. No.1450 of 2020

04. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company as well as Mr. B.N. Rath, learned counsel for the Respondent Nos.1 to 3-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. I.A. is disposed of.

MACA No.613 of 2020

4. On the consent of both the parties, the matter is taken up for hearing.

5. The present appeal has been filed by the Insurance Company against the award dated 18.11.2019 of the learned District Judge-

cum-1st MACT, Angul in MCA No.112/2018 wherein the learned

Tribunal has granted compensation of Rs.14,81,200/- along with 7% interest per annum to the claimants on account of death of the deceased in a motor vehicular accident on 28.5.2018.

6. The present challenge by the Insurer is limited to the extent that the learned Tribunal has not properly calculated the monthly income and determined the same at Rs.7,000/- abruptly. It is further submitted that no income proof of the deceased as a businessman has been filed on record before the learned Tribunal.

7. Upon hearing both the parties and considering the materials taken by the learned Tribunal in determining monthly income of the deceased, in the interests of justice as well as in the spirit of Lok Adalat, the appeal is disposed of by reducing the compensation amount from Rs.14,815,200/- to Rs.11,50,000/- (rupees eleven lakhs fifty thousand). All other terms in the impugned judgment remain unaltered. The Insurance Company is directed to deposit the entire award amount along-with interest before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimants on the same proportion and terms as directed by the learned Tribunal.

8. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

9. The MACA is disposed of.

10. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik