Chola Ms General Insurance Co. Ltd vs Suruchi Bhutia And Others
2022 Latest Caselaw 2284 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.620 of 2019
                 Chola MS General Insurance Co. Ltd.      ....           Appellant
                                                  Mr. Adam Ali Khan, Advocate
                                             -versus-
                 Suruchi Bhutia and Others                ....        Respondents
                                  Mr. P.K. Mishra, counsel for Respondents 1-4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

19.4.2022 Order No.

07. 1. Heard Mr. A.A. Khan, learned counsel for the insurer -

Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents 1-4.

2. Present appeal by the insurer has been filed challenging the judgment dated 14th May, 2019 of learned 3rd MACT, Talcher passed in MAC No.35 of 2017 wherein compensation to the tune of Rs.36,84,688/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 12th April, 2017 has been granted on account of death of the deceased in the motor vehicular accident dated 18th December, 2016.

3. Upon hearing both parties and considering the grounds of challenge, a reduced compensation of Rs.31,00,000/- along with interest @ 6% per annum is proposed to the parties in course of

hearing. This is agreed by Mr. Mishra, learned counsel for the claimant-Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the Court. As such, the amount is fixed to the above extent.

4. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.31,00,000/- (thirty one lakh) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 12th April, 2017 within a period of two months from today; where- after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by learned Tribunal.

5. The statutory deposit made by the appellant before this court along with accrued interest be refunded to the Appellant - insurer on proper application and on production of proof of deposit of the awarded amount before the tribunal.

6. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda