National Insurance Co.Ltd vs Bhaskar Mohapatra And Another
2022 Latest Caselaw 2713 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.14 of 2021

            National Insurance Co.Ltd.                 ....         Appellant
                                                Mr.Subrat Satpathy, Advocate

                                         -versus-

            Bhaskar Mohapatra and another        ....       Respondents
                          Mr.P.K.Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

19.5.2022 Order No.

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

Insurer and Mr.Mishra, learned counsel for claimant-Respondent No.1

2. Present appeal by the Insurer is against the judgment dated 30th November, 2019 of the learned 3rd M.A.C.T., Cuttack in MAC Case No.1241 of 2014, wherein compensation to the tune of Rs.1,57,960/- has been granted along with interest @ 7% per annum with effect from the date of filing of the claim application on account of the injuries sustained by the claimant in the motor vehicular accident on 28th January, 2014.

3. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.1,28,000/- 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 No.1. Mr.Satpathy, 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.1,28,000/- (one lakh twenty eight 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 claimant on such terms and proportion to be fixed by the Tribunal. However, 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. 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