Divisional Manager (Law) vs Jyostna Rout And Others
2022 Latest Caselaw 4154 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.350 of 2020

            Divisional Manager (Law),                   ....         Appellant
            The New India Assurance Co. Ltd.
                                                    Mr.S.K.Ghosh, Advocate

                                         -versus-

            Jyostna Rout and others                ....      Respondents
                       Mr.P.K.Mishra, Advocate for Respondent Nos.1 & 2

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

24.8.2022 Order No.

6. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Ghosh, learned counsel for the Appellant and Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 29th September, 2010 passed by learned 3rd M.A.C.T., Jagatsinghpur in M.A.C. Case No.396 of 2010, wherein compensation to the tune of Rs.7,69,000/- 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 22nd April, 2010.

4. Having heard both parties and considering the grounds of challenge advanced, a consolidated sum of Rs.2,00,000/- is proposed to the parties in course of hearing. This is agreed by

Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 & 2. Mr. Ghosh, 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 consolidated sum of Rs.2,00,000/- (Two lakhs) before the Tribunal 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 decided 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