M/S.Oriental Insurance Co. Ltd vs Smt. Swarnalata Mohanty And ...
2022 Latest Caselaw 2528 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.704 of 2019

                M/s.Oriental Insurance Co. Ltd.            ....          Appellant
                                                          Mr. N.B. Das, Advocate
                                         -versus-
                Smt. Swarnalata Mohanty and another ....         Respondents
                                 Mr. B. Sinha, Advocate for Respondent No.1
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                           ORDER

10.05.2022 Order No.

08. 1. Heard Mr. N.B. Das, learned counsel for the Appellant-

Insurance Company as well as Mr. B. Sinha, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against judgment dated 12.03.2019 of learned M.A.C.T.-I, Balasore in M.A.C. Case No.381 of 2017 wherein compensation to the tune of Rs.5,76,848/- has been granted along with interest @7.5% per annum to the claimant from the date of filing of the claim application, i.e.21.08.2017 on account of death of the deceased in the motor vehicular accident dated 24.05.2017.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.5,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. N.B. Das, learned counsel for the claimant- Respondent No.1 agrees to the same and Mr. B. Sinha, 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. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.5,00,000/- (rupees five lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.21.08.2017 within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion contained in the direction of the Tribunal.

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