Divisional Manager vs Sakuntala Mohanty And Others
2022 Latest Caselaw 2674 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.289 of 2020

            Divisional Manager, M/s.IFFCO-             ....         Appellant
            TOKIO General Insurance Company
            Ltd.
                                                    Mr.A.A.Khan, Advocate

                                         -versus-

            Sakuntala Mohanty and others           ....     Respondents
                      Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 3

                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                      ORDER

18.5.2022 Order No.

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

Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1 to 3.

2. Present appeal by the Insurer is against the judgment dated 23rd December, 2019 of the learned 3rd M.A.C.T., Jagatsinghpur in MAC Case No.177 of 2012, wherein compensation to the tune of Rs.20,02,700/- has been granted along with interest @ 7% per annum with effect from the date of filing of the claim application on account of the death of the deceased in the motor vehicular accident on 1st August, 2012.

3. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.10,50,000/- along with interest @6% per annum is proposed to the parties in

course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimant-Respondent Nos.1 to 3. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

4. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.10,50,000/- (ten lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application 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 fixed by the Tribunal.

5. With aforesaid modification in the compensation amount, the appeal is disposed of.

6. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

C.R.Biswal