National Insurance Company Ltd vs Manorama Majhi And Others
2022 Latest Caselaw 1929 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.969 of 2019
                 National Insurance Company Ltd.          ....           Appellant
                                          Mr. Prasanta Kumar Mahali, Advocate
                                            -versus-
                 Manorama Majhi and Others                ....        Respondents
                             Mr. B.N. Samantaray, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

22.3.2022 Order No.

06. 1. Heard Mr. P.K. Mahali, learned counsel for the insurer -

Appellant and Mr. B.N. Samantaray, learned counsel for claimant - Respondent.

2. Present appeal by the insurer has been filed challenging the judgment dated 14th May, 2019 of learned 1st MACT, Cuttack passed in MAC No.256 of 2016 wherein compensation to the tune of Rs.7,86,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th April, 2016 has been granted on account of death of the deceased in the motor vehicular accident dated 1st March, 2016.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.7,00,000/- along with interest @ 6% per annum is proposed to the parties in course of

hearing. This is agreed by Mr. Samantaray, learned counsel for the claimants and Mr. Mahali, learned counsel for the insurer leaves it to the discretion of the Court. As such the amount is fixed to the above extent.

4. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.7,00,000/- (seven lakh) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th April, 2016 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.

5. The statutory deposit made by the appellant before this court along with accrued interest be refunded to the Appellant - insurer on proper application and on production of proof of deposit of the awarded amount before the tribunal.

6. The appeal is disposed of.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda