Authorized Signatory vs Tkili Mahalik And Others
2022 Latest Caselaw 6428 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.48 of 2019

            Authorized Signatory, for and on
            Behalf of Oriental Insurance Company
            Ltd.                                  ....       Appellant
                                               Mr.S.K.Nanda, Advocate

                                         -versus-

            Tkili Mahalik and others               ....     Respondents
                      Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 4

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

09.11.2022 Order No.

8. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Nanda, learned counsel for the Appellant and Mr.Mishra, learned counsel for Respondent Nos.1 to 4.

3. Present appeal by the Appellant is against the judgment dated 22nd March, 2018 of the THIRD M.A.C.T., Talcher, in M.A.C. Case No.135 of 2016, wherein compensation to the tune of Rs.12,79,600/- has been granted along with interest @7.0% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 24th October, 2016.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.11,50,000/- 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 claimants. Mr.Nanda, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.11,50,000/- (Eleven 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.

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

7. 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.

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

( B.P. Routray) Judge C.R.Biswal