Divisional Manager vs Kanhu Charan Sahoo And Others
2022 Latest Caselaw 6582 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.249 of 2022

            Divisional Manager,                         ....         Appellant
            M/s.Oriental Insurance Co. Ltd.
                                                     Mr.A.A.Khan, Advocate

                                         -versus-

            Kanhu Charan Sahoo and others         ....      Respondents
                         Mr.A.Patra, Advocate for Respondent Nos.1 to 5

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

15.11.2022 Order No.

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

2. Heard Mr.Khan, learned counsel for the Appellant and Mr.Patra, learned counsel for Respondent Nos.1 to 5.

3. Present appeal by the Appellant is against the judgment dated 21st September, 2021 of the 1st Addl. District Judge-cum-1st MACT, Cuttack, in MAC Case No.711 of 2014, wherein compensation to the tune of Rs.16,41,200/- has been granted along with interest @6% 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 30th May, 2014.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.15,00,000/- with 6% interest is proposed to the parties in course of hearing. This is agreed by Mr.Patra, learned counsel for the claimants.

Mr. Khan, 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.15,00,000/- (Fifteen lakhs) along with interest @6% per annum before the Tribunal 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