Divisional Manager vs Pinki Munda And Others
2022 Latest Caselaw 2373 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.301 of 2021

            Divisional Manager, Oriental                ....        Appellant
            Insurance Company Ltd.
                                                    Mr.A.A.Khan, Advocate

                                         -versus-

            Pinki Munda and others                ....      Respondents
                      Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 5

                          CORAM:
                          JUSTICE B. P. ROUTRAY

                                      ORDER

26.4.2022 Order No.

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

Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1 to 5.

2. Present appeal by the Insurer is against the judgment dated 24th March, 2021 of the learned Additional District Judge- Cum-4th M.A.C.T., Keonjhar in MAC No.37/47 of 2019-16, wherein compensation to the tune of Rs.15,00,289/- has been granted along with interest @ 7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 2nd January, 2016

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.14,00,000/- 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 claimants-Respondent Nos.1 to 5. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.14,00,000/-(Fourteen lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal