Orissa High Court
The Divisional Manager vs Smt. Saraswati Nayak & Others (In ... on 13 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.602 of 2018
MACA No.602 & 603 of 2018
The Divisional Manager, .... Appellant
The Oriental Insurance Co. Ltd in both appeals
Mr. Mohan Charan Nayak, Advocate
-versus-
Smt. Saraswati Nayak & Others (In MACA No.602/2018)
Sudarsan Parida and Another (In MACA No.603/2018)
.... Respondents
Mr. C.R. Pattnaik, counsel for Respondent No.1
in both the appeals
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
13.10.2022
Order No.
09. 1. The matters are taken up through hybrid mode.
2. Heard Mr. M.C. Nayak, learned counsel for the insurer and Mr.
C.R. Pattnaik, learned counsel for the claimants in both the appeals.
3. Both the appeals being arise out of the common judgment, are
heard together and disposed of by this common order.
4. Both the appeals are against the common impugned judgment
dated 19th January, 2018 of learned 1st MACT, Balasore passed in
MAC Case No.135 of 2016 and MAC Case No.140 of 2016. MACA
No.602 is in respect of MAC Case No.135 of 2016 wherein
compensation to the tune of Rs.10,58,000/- along with interest @
7.5% per annum from the date of filing of the claim application, i.e.
4th April, 2016 has been granted on account of death of deceased
Goutam Nayak in the motor vehicular accident dated 1st March, 2016.
MACA No.603 is in respect of MAC Case No.140 of 2016 wherein
compensation to the tune of Rs.1,89,125/- along with interest @ 7.5%
per annum from the date of filing of the claim application, i.e. 6th
April, 2016 has been granted on account of injuries sustained by the
injured-claimant Sudarsan Parida in that accident.
5. Upon hearing both parties and considering the grounds of
challenge as advanced by Mr. Nayak on behalf of the insurer, which
are mainly on the quantum of compensation, the same are not found
convincing and as such, no reason is found to interfere with the
impugned judgment. The amount of compensation granted by the
tribunal is thus confirmed. However, the rate of interest is reduced to
6% from 7.5% as directed by the tribunal.
6. In the result both the appeals are disposed of with direction to
the insurer in both the appeals, i.e., Oriental Insurance Co. Ltd. to
deposit the respective compensation amount as directed by the
tribunal before the tribunal along with interest @ 6% per annum from
the date of filing of respective claim applications, i.e. 4th and 6th April,
2016 respectively, within a period of two months from today; where-
after the same shall be disbursed in favour of the respective claimants
on same terms and proportion as contained in the impugned judgment.
7. It goes without saying that this court has not disturbed the
direction of the tribunal regarding right of recovery granted in favour
of the insurer.
8. The statutory deposit made by the insurer before this court in
both the appeals along with accrued interest be refunded on proper
application and on production of proof of deposit before the tribunal.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
