National Insurance Company Ltd vs Sarojini Nayak And Others
2022 Latest Caselaw 3394 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.816 of 2020
                National Insurance Company Ltd.           ....         Appellant
                      Mr. J.R. Deo, Advocate on behalf of Mr. G. Mishra, Senior
                                                                     Advocate
                                            -versus-
                Sarojini Nayak and others                 ....      Respondents
                           Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4
            .


                             CORAM:
                             JUSTICE B. P. ROUTRAY

                                           ORDER

21.07.2022 Order No.

05. 1. Heard Mr. J.R. Deo, on behalf of Mr. G. Mishra, learned Senior Advocate for the Appellant-Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 4- claimants.

2. Present appeal by the insurer is directed against judgment dated 01.02.2020 of learned 1st M.A.C.T., Cuttack in M.A.C. Case No.143 of 2014 wherein compensation to the tune of Rs.22,00,000/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application, i.e.24.2.2014 on account of death of the deceased in the motor vehicular accident dated 22.6.2013.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.20,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants-

Respondent Nos.1 to 4 agrees to the same and Mr. J.R. Deo, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent. The penal interest @12% is waived.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.20,00,000/- (rupees twenty lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.24.2.2014 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 contained in the direction of the Tribunal.

5. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

6. The MACA is disposed of with aforesaid directions.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik