Orissa High Court
Priyanka Swain And Others (In Maca ... vs Sanjib Samal And Another (In Maca ... on 22 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.133 of 2021
MACA Nos.133 of 2021 & 154 of 2021
Priyanka Swain and Others (In MACA No.133/2021)
Manager Legal, M/s.Shriram General
Insurance Company Ltd. (In MACA No.154/2021)
.... Appellants
Mr. Karunakar Das, Advocate (in MACA No.133/2021)
Mr. A.A. Khan, Advocate (in MACA No.154/2021)
-versus-
Sanjib Samal and Another (In MACA No.133/2021)
Priyanka Swain and Others (In MACA No.154/2021)
.... Respondents
Mr. A.A. Khan, counsel for Respondent No.2
(in MACA No.133/2021)
Mr. K.K. Das, counsel for Respondents 1-5
(in MACA No.154/2021)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
22.4.2022
Order No.
05. 1. Heard Mr. K.K. Das, learned counsel for the claimants and Mr.
A.A. Khan, learned counsel for insurer, i.e. Shriram General
Insurance Company Ltd.
2. Mr. Das submits that he has already removed the defects as
shown in MACA No.133 of 2021 in the court. Office is to take note of
the same.
3. Both the appeals are against the same impugned judgment dated
15th January, 2021 of learned 4th MACT, Cuttack passed in MAC
No.682 of 2017 wherein compensation to the tune of Rs.13,53,310/-
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 6th September, 2017 has been granted on
account of death of the deceased in the motor vehicular accident dated
30th August, 2017.
4. MACA No.133 of 2021 has been preferred by the claimants
praying for enhancement of the compensation amount whereas
MACA No.154 of 2021 has been preferred by the insurer challenging
the award.
5. Upon hearing both the parties and considering the grounds of
challenge advanced by respective parties and the undisputed fact that
no filial consortium has been granted in favour of children of the
deceased, i.e. claimant Nos.2 to 4, a further enhancement of
compensation of Rs.1,20,000/- is proposed to the parties. This is
agreed by Mr. Das, learned counsel for the claimants and Mr. Khan,
learned counsel for the insurer leaves it to the discretion of the court.
Accordingly, the compensation amount is fixed at Rs.14,73,310/-.
However, the penal interest is waived.
6. In the result both the appeals are disposed of with a direction to
the insurer - Appellant in MACA No.154 of 2021, and Respondent
No.2 in MACA No.133 of 2021 i.e. M/s. Shriram General Insurance
Company Ltd. to deposit the enhanced compensation of
Rs.14,73,310/- (fourteen lakh seventy-three thousand three hundred
ten) before the tribunal along with interest @ 6% per annum from the
date of filing of the claim application, i.e. 6th September, 2017 within
a period of two months from today; where-after the same shall be
disbursed in favour of the claimants as per the terms and proportion to
be decided by the learned Tribunal.
7. The statutory deposit made by the insurer - Appellant in
MACA No.154 of 2021 before this court along with accrued interest
be refunded on proper application and on production of proof of
deposit of the awarded amount before the tribunal.
8. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
