Mananger Legal vs Kalandi Rout And Another
2022 Latest Caselaw 1982 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK


                                   MACA No.243 of 2020


            Mananger Legal, I.C.I.C.I., Lombard   ....        Appellant
            G.I.Co.Ltd.
                                            Mr.Adam Ali Khan, Advocate


                                          -versus-


            Kalandi Rout and another              ....       Respondents
                            Mr.P.K.Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                        ORDER

28.3.2022 Order No.

5. 1. Heard Mr.Khan, learned counsel for the Appellant and Mr.Mishra, learned counsel for the claimant-Respondent No.1.

2. Present appeal by the Insurer is directed against the judgment dated 15th November, 2019 passed by learned Addl. District Judge-cum-5th M.A.C.T., Anandapur in M.A.C.T.Case No.08/205 of 2018/15, wherein compensation to the tune of Rs.4,32,000/- has been granted along with interest @ 6% per annum with effect from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident dated 24th January, 2015.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.3,50,000/- 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 claimant-Respondent No.1. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

4. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.3,50,000/-(Three lakhs fifty thousand) before the learned 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 claimant on the same terms and proportion as directed by the Tribunal. However, the penal interest @12% is waived.

5. With aforesaid modification in the compensation amount, the appeal is disposed of.

6. 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.

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

( B.P. Routray) Judge

C.R.Biswal