Orissa High Court
National Insurance Company ... vs Nagendra Biswal And Another on 10 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.26 of 2019 & MACA No.91 of 2019
In MACA No.26 of 2019
National Insurance Company Limited .... Appellant
Mr. J.R. Deo, Advocate
-versus-
Nagendra Biswal and another .... Respondents
Mr. B.N. Rath, Advocate for Respondent No.1
In MACA No.91 of 2019
Nagendra Biswal .... Appellants
Mr. B.N. Rath, Advocate
-versus-
Jyoti Ranjan Ray and another .... Respondents
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.05.2022
Order No.
MACA Nos.26 & 91 of 2019
11. 1. Heard Mr. J.R. Deo, learned counsel for the Insurance
Company and Mr. B.N. Rath, learned counsel for the claimant.
2. The Appellant in MACA No.91 of 2019 being the claimant is
exempted from payment of court fees for the time being to be
paid at the time of disbursal of the compensation amount.
Accordingly, the I.A. No.195 of 2019 is disposed of.
3. Both the appeals being arise out of the same judgment dated
25.08.2018 of the learned 4th MACT, Cuttack in M.A.C. No.526
of 2012/464 of 2017 wherein compensation to the tune of
Rs.26,99,913/- has been granted along with interest @6% per
annum to the claimant from the date of filing of the claim
application, i.e.22.8.2012, are heard together and disposed of by
this common order.
4. MACA No.26 of 2019 has been filed by the Insurance
Company challenging the award and MACA No.91 of 2019 has
been preferred by the claimant praying for enhancement of the
compensation amount.
5. Upon hearing both the parties and considering the grounds of
challenge advanced by respective parties, a reduced compensation
of Rs.21,00,000/- along with 6% interest is proposed to the
parties in course of hearing. Mr. B.N. Rath, learned counsel for
the claimant agrees to the same and Mr. J.R. Deo, learned counsel
for the Insurance Company leaves it to the discretion of the Court.
The compensation amount is accordingly fixed to that extent.
6. In the result, both the appeals are disposed of with a direction
to the Insurance Company to deposit the reduced compensation of
Rs.21,00,000/- (rupees twenty-one lakhs) before the Tribunal
along with interest @6% per annum from the date of filing of the
claim application, i.e.22.08.2012 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 to be fixed by the
Tribunal.
7. 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 in
MACA No.26/2019 before this Court with accrued interest
thereon shall be refunded to the Appellant-Insurance Company
8. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
