The Divisional Manager vs Swarna Shree Rath And Others
2022 Latest Caselaw 4583 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      MACA No.1164 of 2018
                The Divisional Manager, Oriental           ....          Appellant
                Insurance Co. Ltd.
                                                      Mr. P.K. Mahali, Advocate
                                          -versus-
                Swarna Shree Rath and others           ....      Respondents
                         Mr. P.K. Mishra, Advocate for Respondent Nos.1 & 2
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                          ORDER

09.09.2022 Order No.

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

Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment dated 30.07.2018 of learned 3rd M.A.C.T., Bhubaneswar in M.A.C. Case No.19/362 of 2002-2001 wherein compensation to the tune of Rs.6,72,973/- has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e.7.8.2001 on account of death of the deceased in the motor vehicular accident dated 11.4.2001.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants- Respondent Nos.1 & 2 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.6,00,000/- (rupees six lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.07.08.2001 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. However, as prayed on behalf of the Appellant, 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.

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