D.M. vs Golap Mahanta And Others
2022 Latest Caselaw 4114 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.194 of 2022
                 D.M., M/s. Oriental Insurance
                 Company Ltd.                              ....         Appellant
                                                       Mr. P.K. Mahali, Advocate
                                            -versus-
                 Golap Mahanta and Others                  ....       Respondents
                                  Mr. P.K. Mishra, counsel for Respondents 1-4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

23.8.2022 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mahali, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent Nos.1-4.

3. Present appeal by the insurer is against the impugned judgment dated 22nd March, 2022 of the learned 4th MACT, Keonjhar passed in MAC Case No.7/28 of 2021-2015 wherein compensation to the tune of Rs.12,80,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 7th February, 2015 has been granted on account of death of the deceased Khageswar Mahanta in the motor vehicular accident dated 11th December, 2014.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- 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. Mahali, learned counsel for the insurer leaves it to the discretion of the Court. As such the amount is fixed to the said extent.

5. In the result, the appeal is disposed of with a direction to the Appellant - insurer to deposit a reduced compensation amount of Rs.8,00,000/- (eight lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 7th February, 2015 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 the learned Tribunal.

6. This court has not disturbed the finding of the tribunal with regard to right of recovery granted in favour of the Appellant.

7. 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.

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

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