D.M. (Legal) vs Jotshnamayi Pani And Others
2022 Latest Caselaw 4626 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.331 of 2022

            D.M. (Legal),                               ....         Appellant
            M/s.Oriental Insurance Co. Ltd.
                                                    Mr.P.K.Mahali, Advocate

                                         -versus-

            Jotshnamayi Pani and others                 ....      Respondents
                                              Mr.Jitendra Mohanty, Advocate
                                                    for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

12.9.2022 Order No.

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

2. Heard Mr.Mahali, learned counsel for the Appellant- Insurer and Mr.Mohanty, learned counsel for claimants- Respondent Nos.1 to 3.

3. Present appeal by the Appellant is against the judgment dated 11th February, 2022 of the 2nd Addl. District Judge-cum-3rd M.A.C.T., Cuttack, in M.A.C. Case No.311 of 2018, wherein compensation to the tune of Rs.31,87,532/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 15th February, 2018.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of

Rs.26,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mohanty, learned counsel for the claimants-Respondent Nos.1 to 3. Mr.Mahali, 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.26,50,000/- (Twenty six lakhs fifty 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. However, the penal interest of 12% as directed by the Tribunal is waived.

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