Authorized Signatory vs Sangita Naik And Others
2022 Latest Caselaw 5715 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.266 of 2022

            Authorized Signatory,
            Oriental Insurance Co. Ltd.                 ....       Appellant
                                                      Mr.A.A.Khan, Advocate

                                          -versus-

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

                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                       ORDER

19.10.2022 Order No. I.A.No.796 of 2022

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

2. Upon hearing both the parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned.

3. The I.A. is disposed of.

MACA No.266 of 2022

4. Heard Mr.Khan, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1 to 3.

5. Present appeal by the Appellant is against the judgment dated 27th January, 2022 of the District Judge-Cum-1st MACT, Angul, in M.A.C.Case No.65 of 2019, wherein compensation to the tune of Rs.17,61,540/- has been granted along with interest @7.5% 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 26th April, 2019.

6. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.16,60,000/- 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-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.

7. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.16,60,000/- (Sixteen lakhs sixty 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. It goes without saying that the right of recovery granted in favour of the Insurer-Appellant by the Tribunal is left undisturbed.

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

9. 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.

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

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