Divisional Manager vs Sharat Chandra Mohanta And Others
2022 Latest Caselaw 4539 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.23 of 2019

            Divisional Manager,                  ....       Appellant
            M/s. National Insurance Company Ltd.
                                          Mr.N.N.Mohapatra, Advocate

                                         -versus-

            Sharat Chandra Mohanta and others    ....       Respondents
                            Mr.B.B.Singh, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

08.09.2022 Order No.

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

2. Heard Mr.Mohapatra, learned counsel for the Appellant and Mr.Singh, learned counsel for the claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against the judgment dated 22nd August, 2018 passed by learned 6th M.A.C.T., Karanjia in M.A.C. Case No.122 of 2012, wherein compensation to the tune of Rs.1,04,400/- 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 dated 3rd August, 2011.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.1,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Singh, learned counsel

for the claimant-Respondent No.1. Mr.Mohapatra, 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.1,00,000/- (One lakh) 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 claimant 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