M/S.United India Insurance Co. ... vs Tukuni Biswal And Others
2022 Latest Caselaw 2060 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.690 of 2020
            M/s.United India Insurance Co. Ltd.        ....         Appellant
                                                        Mr. S.Roy, Advocate
                                         -versus-
            Tukuni Biswal and others               ....      Respondents
                       Mr. B.N. Rath, Advocate for Respondent Nos.1 to 4
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

31.03.2022 Order No. MACA No.690 of 2020 & I.A. No.684 of 2021

05. 1. Heard Mr. S. Roy, learned counsel for the Appellant-Insurance Company as well as Mr. B.N. Rath, learned counsel for the Respondent No.1 to 4-claimants.

2. Present appeal by the insurer is directed against the judgment dated 23.12.2019 of learned 3rd MACAT, Jagatsinghpur in MAC No.1251 of 2014 wherein learned Tribunal has granted compensation to the tune of Rs.13,50,080/- along with 7% interest per annum to the claimants from the date of filing of the claim application, i.e.10.4.2014 on account of death of the deceased in the motor vehicular accident dated 12.11.2012.

3. Having heard both the parties and considering the grounds advanced, a reduced compensation to the tune of Rs.9,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. B.N. Rath, learned counsel for the claimants- Respondent Nos.1 to 4 agrees to the same and Mr. S. Roy,

learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. The Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.9,50,000/- (rupees nine lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.10.4.2014 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 decided by the Tribunal. However, as prayed on behalf of the Appellant, 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.

5. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

6. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik