The Manager vs Pradip Nag And Others
2022 Latest Caselaw 2554 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.182 of 2022

                The Manager, Legal, M/s.Sriram              ....           Appellant
                General Insurance Company Ltd.
                                                         Mr. A.A. Khan, Advocate
                                              -versus-
                Pradip Nag and others                   ....      Respondents
                         Mr. K. Panigrahi, Advocate for Respondent Nos.1 & 2
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                           ORDER

11.05.2022 Order No.

03. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-

Insurance Company as well as Mr. K. Panigrahi, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against judgment dated 10.11.2021 of learned 1st M.A.C.T., Cuttack in M.A.C. Case No.331 of 2018 wherein compensation to the tune of Rs.7,04,000/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.04.05.2018 on account of death of the deceased in the motor vehicular accident dated 25.03.2018.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. K. Panigrahi, learned counsel for the claimants- Respondent Nos.1 & 2 agrees to the same and Mr. A.A. Khan,

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.6,50,000/- (rupees six lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.04.05.2018 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 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