Sumati Sethy And Others vs Sarbeswar Mohapatra And Another
2022 Latest Caselaw 4351 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                 MACA No.1240 of 2017 And MACA No.174 of 2018


            MACA No.1240 of 2017
            Sumati Sethy and others                     ....        Appellants
                                                    Mr.P.K.Mishra, Advocate

                                         -versus-

             Sarbeswar Mohapatra and another      ....       Respondents
                            Mr.S.Satpathy, Advocate for Respondent No.2

                                         AND

            MACA No.174 of 2018
            The Divisional Manager,
            New India Assurance Co. Ltd.                 ....         Appellant
                                                    Mr.S.Satpathy, Advocate
                                         -versus-
             Sumati Sethy and others                ....      Respondents
                        Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 6

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

05.09.2022 Order No.

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

2. Heard Mr.Mishra, learned counsel for the claimants

and Mr.Satpathy, learned counsel for the Insurer.

3. Both the appeals arise out of the same judgment dated

29th September, 2017 passed by the learned 3rd M.A.C.T., Talcher

in M.A.C.Case No.108 of 2016, wherein compensation to tune of

Rs.7,86,000/- along with interest @7% per annum has been

granted from the date of filing of the claim application on account

of death of the deceased in the motor vehicular accident dated 4th

March, 2016.

4. MACA No.1240 of 2017 has been preferred by the

claimants praying for enhancement of the compensation amount

and MACA No.174 of 2018 has been preferred by the Insurer

challenging the compensation amount.

5. Upon hearing both parties and considering the grounds

of challenge advanced by both parties, enhanced compensation of

Rs.11,75,000/- 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.Satpathy, learned counsel

for the Insurer leaves it to the discretion of the Court. As such,

the amount is fixed to that extent.

6. The Insurer is directed to deposit the enhanced

compensation of Rs.11,75,000/- (Eleven lakhs seventy five

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.

7. With aforesaid modification in the compensation

amount, both the appeals are disposed of.

8. The statutory deposit made by the Appellant in MACA

No.174 of 2018 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.

9. Urgent certified copy of this order be granted on proper

application.

( B.P. Routray) Judge

C.R.Biswal