National Insurance Company Ltd vs Lambodar Pradhan And Others
2022 Latest Caselaw 4210 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.503 of 2020

            National Insurance Company Ltd.            ....         Appellant
                                                     Mr.J.R.Deo, Advocate

                                         -versus-

            Lambodar Pradhan and others          ....       Respondents
                         Mr.P.K.Mishra, Advocate for Respondents 1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

25.8.2022 Order No.

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

2. Heard Mr.Deo on behalf of Mr.Goutam Mishra, learned Senior Advocate for the Appellant and Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 to 3.

3. Present appeal by the Insurer is directed against the judgment dated 2nd August, 2019 passed by learned 3rd M.A.C.T., Jagatsinghpur in M.A.C. Case No.185 of 2012, wherein compensation to the tune of Rs.13,86,000/- 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 12th March, 2012.

4. Upon hearing both parties and considering all such grounds advanced, a reduced compensation of Rs.9,75,000/- 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 3. Mr.Deo, 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.9,75,000/- (Nine lakhs seventy five thousand) 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 decided by the Tribunal. As prayed for by the Appellant, it is open for him to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

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