The Divisional Manager vs Bibhuprasad Pattajoshi And ...
2022 Latest Caselaw 4581 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      MACA No.195 of 2019
                The Divisional Manager, National           ....          Appellant
                Insurance Co. Ltd.
                                                       Mr. P.K. Mahali, Advocate
                                          -versus-
                Bibhuprasad Pattajoshi and another     ....       Respondents
                                 Mr. B.N. Rath, Advocate for Respondent No.1
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                          ORDER

09.09.2022 Order No.

09. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-

Insurance Company as well as Mr. B.N. Rath, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment dated 01.11.2018 of learned 1st M.A.C.T., Nayagarh in M.A.C. No.65 of 2016 wherein compensation to the tune of Rs.4,48,503/- has been granted along with simple interest @7% per annum to the claimant from the date of filing of the claim application, i.e.14.09.2016 on account of injury sustained by him in the motor vehicular accident dated 17.05.2015.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.3,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. B.N. Rath, learned counsel for the claimant- Respondent No.1 agrees to the same and Mr. P.K. Mahali,

learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.3,50,000/- (rupees three lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.14.09.2016 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.

5. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

6. The MACA is disposed of with aforesaid directions.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik