Divisional Manager vs Rama Chandra Lenka And Another
2022 Latest Caselaw 5884 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.348 of 2016

            Divisional Manager,
            M/s.New India Assurance Co. Ltd.         ....        Appellant
                                                    Mr.A.A.Khan, Advocate

                                        -versus-

            Rama Chandra Lenka and another      ....       Respondents
                         Mr.P.K.Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

26.10.2022 Order No.

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

2. Heard Mr.Khan, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimant-Respondent No.1.

3. Present appeal by the Appellant is against the judgment dated 14th February, 2015 of the 2nd Additional District Judge- cum-3rd MACT, Cuttack in MAC Case No.730 of 2003, wherein compensation to the tune of Rs.3,26,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident on 26th November, 2007.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.2,40,000/- 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.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.2,40,000/-(Two lakh forty 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. As prayed for by the Insurer, 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.

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