Orissa High Court
M/S.S.B.I. General Insurance Co. ... vs Adarsha Kumar Jena And Others on 7 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.382 of 2019
M/s.S.B.I. General Insurance Co. Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Adarsha Kumar Jena and others .... Respondents
Mr. B. Singh, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
07.04.2022
Order No.
10. 1. Notice in respect of Respondent Nos.1, 3 & 5 is treated
sufficient in terms of the order dated 7.3.2022.
2. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. B. Singh, learned counsel for
the Respondent No.2-claimant.
3. Present appeal by the insurer is directed against the judgment
dated 24.12.2018 of learned IVth MACT, Balasore in MAC Case
No.01/293 of 2017/2013 wherein learned Tribunal has granted
compensation to the tune of Rs.7,98,000/- along with 7.5%
interest per annum to the claimant from the date of filing of the
claim application, i.e.14.08.2013 on account of death of the
deceased in the motor vehicular accident dated 26.07.2013.
4. Learned counsel for the Appellant submits that the main
challenge in the appeal is that, the claimant along with some
others have filed another claim application at Baripada in MAC
No.134 of 2013 before the learned 5th MACT, Baripada,
Mayurbhanj. Therefore, their claim in the present application
should not be granted.
5. Mr. B. Singh, learned counsel for the claimant-Respondent
No.2 in reply submits that in the meantime said MAC
No.134/2013 before the learned 5th MACT, Baripada has been
withdrawn by the claimants on 26.7.2019 and therefore, no
further impediment is there to entertain the present claim of the
claimants. The fact of withdrawal of the claim case at Baripada in
MAC No.134/2013 is confirmed by Mr. Dutta, learned counsel
for the Appellant.
6. Now coming to the challenge with regard to quantum of
compensation, considering the submissions made by both the
parties, a reduced compensation to the tune of Rs.6,75,000/-
along with 6% interest is proposed to the parties in course of
hearing. Mr. B. Singh, learned counsel for the claimant-
Respondent No.2 agrees to the same and Mr. G.P. Dutta, learned
counsel for the Appellant-Insurance Company leaves it to the
discretion of the Court. The compensation amount is accordingly
fixed to that extent.
7. The Appellant - Insurance Company is directed to deposit such
reduced compensation of Rs.6,75,000/- (rupees six lakhs seventy-
five thousand) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application,
i.e.14.08.2013 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants-
Respondent Nos.2 & 5 on such terms and proportion to be fixed
by the 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 with aforesaid directions.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
