The Divisional Manager vs Bharat Moharana And Another
2022 Latest Caselaw 2372 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.774 of 2020
            The Divisional Manager, M/s.Oriental ....            Appellant
            Insurance Company Limited
                                                Mr. A.A. Khan, Advocate
                                      -versus-
            Bharat Moharana and another            ....       Respondents
                            Mr. K.C. Nayak, Advocate for Respondent No.1
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

26.04.2022 Order No.

04. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-

Insurance Company as well as Mr. K.C. Nayak, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment dated 05.02.2020 of learned 4th MACT, Cuttack in MAC Case No.725 of 2014/205 of 2017 wherein learned Tribunal has granted compensation to the tune of Rs.3,65,600/- along with 6% interest per annum to the claimant from the date of filing of the claim application, i.e.22.10.2014 on account of injury sustained by him in the motor vehicular accident dated 16.06.2014.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.3,30,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. K.C. Nayak, learned counsel for the claimant- Respondent No.1 agrees to the same and Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company leaves it to the

discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.3,30,000/- (rupees three lakhs thirty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.22.10.2014 within a period of two months from today; where- after the same shall be disbursed in favour of the claimant on such terms and proportion contained in the direction of the Tribunal.

5. 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.

6. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik