Orissa High Court
The Divisional Manager vs [email protected] Dhal And on 31 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.413 of 2020 & MACA No.448 of 2020
In MACA No.413 of 2020
The Divisional Manager, The New .... Appellants
India Assurance Co. Ltd.
Mr. B. Dasmohapatra, Advocate
-versus-
[email protected] Dhal and .... Respondents
another
Mr. P.K. Mishra, Advocate for Respondent No.1
In MACA No.448 of 2020
[email protected] Dhal .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
Mirza Nasad [email protected] and another .... Respondents
Mr. B. Dasmohapatra, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
31.03.2022
Order No.
I.A. No.700 of 2020 arising out of MACA No.448 of 2020
06. 1. Heard Mr. P.K. Mishra, learned counsel for claimant as well as
Mr. B. Dasmohapatra, learned counsel for the Insurance
Company.
2. Upon hearing both parties and considering the grounds
mentioned in the petition, the delay in filing the appeal is
condoned.
3. I.A. is disposed of.
MACA No.413 of 2020 & MACA No.448 of 2020
4. Both the appeals being arise out of the same judgment are
heard together and disposed of by this common order.
5. Heard Mr. P.K. Mishra, learned counsel for the claimant in
both the appeals and Mr. B. Dasmohapatra, learned counsel for
the Insurance Company.
6. Both the appeals are against the common judgment dated
30.11.2019 in MAC No.8 of 2015 of 3rd M.A.C.T., Jagatsinghpur,
wherein learned Tribunal has granted compensation to the tune of
Rs.14,54,900/- along with 7% interest per annum to the claimant
from the date of filing of the application i.e.27.01.2015 on
account of injury sustained by the claimant in the motor vehicular
accident dated 3.11.2014.
7. In MACA No.448 of 2020, the claimant has prayed for
enhancement of the compensation amount. MACA No.413 of
2020 has been filed by the Insurance Company challenging the
quantum of compensation.
8. Having heard both the parties and considering the grounds of
challenge advanced by the respective parties, a reduced
compensation to the tune of Rs.12,00,000/- along with 6%
interest is proposed to the parties in course of hearing. Mr. P.K.
Mishra, learned counsel for the claimant agrees to the same and
Mr. B. Dasmohapatra, learned counsel for the Insurance
Company leaves it to the discretion of the Court. The
compensation amount is accordingly fixed to that extent.
9. The insurer (Appellant in MACA No.413 of 2020 and
Respondent No.2 in MACA No.448 of 2020) is directed to
deposit the reduced compensation of Rs.12,00,000/- (rupees
twelve lakhs) before the learned Tribunal along with interest
@6% per annum from the date of filing of claim application
i.e.27.01.2015 within a period of two months from today; where-
after the same shall be the disbursed in favour of the claimants on
such terms and proportion to be decided by the Tribunal.
However, as prayed on behalf of the Insurance Company, it is
open for him to seek such right of recovery, if recoverable, from
the owner of the vehicle in accordance with law after affording
opportunity of hearing to the owner.
10. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit before this Court
with a refund application, the statutory deposit made before this
Court in MACA No.413 of 2020 with accrued interest thereon
shall be refunded to the Insurance Company.
11. Both the appeals are disposed of.
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
