Orissa High Court
Manager Legal vs Ambika Samal And Others on 16 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.379 of 2015
Manager Legal, .... Appellant
Reliance General Insurance Co. Ltd.
Mr.G.P.Dutta, Advocate
-versus-
Ambika Samal and others .... Respondents
Mr.B.Singh, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
16.9.2022
Order No.
10. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Dutta, learned counsel for the Appellant and
Mr.Singh, learned counsel for the claimants-Respondent Nos.1 to
3.
3. This appeal is connected to MACA No.378 of 2015
and listed analogously, wherein direction was issued to the
Appellant to take substituted service of notice on Respondent
No.4 through paper publication. Respondent No.4 in the present
appeal is the same person as Respondent No.7 in MACA No.378
of 2015 and it needs to be mentioned here that both the appeals
arise out of the same accident involving two sets of claimants for
death of two deceased persons. It is seen that despite repeated
opportunities granted to file Newspaper clip, the Appellant fails
to submit the same. It is submitted by Mr.Dutta, learned counsel
for the Appellant that despite letters issued and reminders sent, no
communication has been received from the Appellant-Company.
As such, the appeal is dismissed against Respondent No.4-
Owner.
4. Present appeal by the Insurer is directed against the
judgment dated 16th September, 2014 of the learned Motor
Accidents Claims Tribunal-I, Baleswar in M.A.C. Case No.165
of 2008, wherein compensation to the tune of Rs.4,66,000/- 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 dated 26th
June, 2008.
5. In view of the dismissal of the appeal as stated above
against the owner, the scope of the Appellant to question its
liability is no more survive.
6. Next on the question of quantum of compensation,
considering all such grounds of challenge raised and submissions
made by both parties, a reduced compensation of Rs.4,00,000/-
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 claimants-Respondent Nos.1 to 3. Mr.Dutta, learned
counsel for the Insurer leaves it to the discretion of the Court. As
such, the amount is fixed to that extent.
7. The Insurer-Appellant is directed to deposit the
reduced compensation of Rs.4,00,000/- (four lakhs) 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 no.1
to 3 on such terms and proportion to be fixed by the Tribunal.
8. With aforesaid modification in the compensation
amount, the appeal is disposed of.
9. 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.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
