Divisional Manager vs Anjan Das And Others
2022 Latest Caselaw 1992 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA Nos.196 & 200 of 2021

            MACA No.196 of 2021
            Divisional Manager, M/s.New India            ....        Appellant
            Assurance Company Ltd.
                                                     Mr.P.K.Panda, Advocate

                                         -versus-

             Anjan Das and others                   ....     Respondents
                              Mr.S.B.Das, Advocate for Respondents 1 to 3

                                          AND
            MACA No.200 of 2021
             Anjan Das and others                        ....        Appellants
                                                         Mr.S.B.Das, Advocate

                                         -versus-

             Sukanta Charan Pradhan and another ....        Respondents
                            Mr.P.K.Panda, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

28.3.2022 Order No.

6. 1. Heard Mr.Panda, learned counsel for the Insurer and Mr.Das, learned counsel for the claimants.

2. Both the appeals are directed against the judgment dated 17th March, 2021 passed by the learned 1st Addl. District Judge-cum-1st M.A.C.T., Cuttack in MAC Case No.756 of 2016, wherein compensation to the tune of Rs.24,25,482/- has been granted along with interest @6% per annum from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 6th January, 2016.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.23,25,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Das, learned counsel for the claimants. Mr.Panda, 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 is directed to deposit the reduced compensation of Rs.23,25,000/-(Twenty three lakhs twenty five thousand) 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 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 Insurer 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

CRBiswal