Orissa High Court
Premalata Jena And Another (In ... vs Dibakar Pradhan And Another (In ... on 21 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.567 of 2020
MACA Nos.567 & 730 of 2020
Premalata Jena and Another (In MACA No.567/2020)
The Divisional Manager,
M/s.Oriental Insurance Co. Ltd (In MACA No.730/2020)
.... Appellants
Mr. B.K. Sahoo, Advocate (in MACA No.567/2020)
Mr. Somnath Roy, Advocate (in MACA No.730/2020)
-versus-
Dibakar Pradhan and Another (In MACA No.567/2020)
Prekalata Jena and Anr. (In MACA No.730/2020)
.... Respondents
Mr. Somnath Roy, counsel for Respondent No.2 &
Mr. S. Pattnaik, counsel for Respondent No.1
(in MACA No.567/2020)
Mr. B.K. Sahoo, counsel for Respondent No.1 &
Mr. S. Pattnaik, counsel for Respondent No.3
(in MACA No.730/2020)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.3.2022
Order No.
06. 1. Heard Mr. B.K. Sahoo, learned counsel for the claimant, Mr. S.
Roy, learned counsel for the insurer and Mr. S. Pattnaik, learned
counsel for the owner.
2. Both the appeals have been filed challenging the common
judgment dated 19th December, 2019 of learned 4th MACT, Cuttack
passed in MAC Case No.901 of 2012/207 of 2016 and MAC Case
No.902 of 2012/279 of 2015. The present two appeals are concerning
the award passed in MAC Case No.901 of 2012/207 of 2016 wherein
compensation to the tune of Rs.6,90,800/- along with interest @ 6%
per annum from the date of filing of the claim application has been
granted on account of injury sustained by the claimant in the motor
vehicular accident dated 18th July, 2012.
3. MACA No.567 of 2020 has been preferred by the claimants
whereas MACA No.730 of 2020 has been preferred by the insurer.
The claimants have prayed for enhancement of the compensation and
the insurer has prayed for reduction of the same. The further challenge
of the insurer is that the offending vehicle did not have a valid permit
on the date of accident.
4. Having heard both parties and considering the grounds of
challenge advanced, a reduced compensation of Rs.6,00,000/- along
with interest @ 6% per annum is proposed to the parties in course of
hearing. This is agreed by Mr. Sahoo, learned counsel for the
claimants as well as Mr. Pattnaik, learned counsel for the owner. Mr.
Roy, learned counsel for the insurer leaves it to the discretion of the
Court. As such the amount is fixed to the above extent.
5. In the result both the appeals are disposed of with a direction to
the insurer Oriental Insurance Co. Ltd. to deposit the reduced
compensation amount of Rs.6,00,000/- (six lakh) 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 learned Tribunal.
6. The statutory deposit made by the insurer - Appellant in
MACA No.730 of 2020 before this court along with accrued interest
be refunded on proper application and on production of proof of
deposit of the awarded amount before the tribunal.
7. The appeals are disposed of.
8. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
