Divisional Manager vs Sebati Patra And Others
2022 Latest Caselaw 4315 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.495 of 2019

            Divisional Manager,                          ....      Appellant
            M/s.National Insurance Co. Ltd.
                                               Mr.P.K.Mohanty, Advocate

                                        -versus-

            Sebati Patra and others                ....      Respondents
                      Mr.S.K.Mohanty, Advocate for Respondent Nos.1 to 3

                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                     ORDER

30.8.2022 Order No.

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

2. Heard Mr.P.K.Mohanty, learned counsel for the Appellant- Insurer and Mr.S.K.Mohanty, learned counsel for claimants-Respondent Nos.1 to 3.

3. Present appeal by the Appellant is against the judgment dated 1st March, 2019 of the 3rd M.A.C.T., Bhubaneswar in M.A.C. Case No.42/337 of 2011, wherein compensation to the tune of Rs.23,29,373/- 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 on 17th November, 2010.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.23,00,000/- along with interest @6% per annum is proposed

to the parties in course of hearing. This is agreed by Mr.S.K.Mohanty, learned counsel for the claimants-Respondent Nos.1 to 3. Mr.P.K.Mohanty, 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.23,00,000/- (Twenty three 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