Chola M.S.G.I.Co. Ltd vs Sebati Bagh And Others
2022 Latest Caselaw 4838 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.1314 of 2018

            Chola M.S.G.I.Co. Ltd.                     ....       Appellant
                                                    Mr.A.A.Khan, Advocate

                                         -versus-

            Sebati Bagh and others                ....      Respondents
                       Mr.K.C.Nayak, Advocate for Respondent Nos.1 to 5

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

19.09.2022 Order No.

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

2. Heard Mr.Khan, learned counsel for the Appellant and Mr.Nayak, learned counsel for the claimants-Respondent Nos.1 to 5.

3. Present appeal by the Insurer is directed against the judgment dated 15th November, 2018 of the learned District Judge-cum-MACT, Rayagada in M.A.C. Case No.32 of 2017, wherein compensation to the tune of Rs.8,57,584/- has been granted along with interest @ 9% 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 3rd December, 2016.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,50,000/- along with interest @6% per annum is proposed to

the parties in course of hearing. This is agreed by Mr.Nayak, learned counsel for the claimants-Respondent Nos.1 to 5. Mr.Khan, 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.7,50,000/- ( Seven lakhs fifty thousand) 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 claimants on such terms and proportion to be decided by the Tribunal. As prayed by 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.

6. With aforesaid modification in the compensation amount and directions, 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