National Insurance Co. Ltd. ... vs Debaki Sundi And Others
2022 Latest Caselaw 4951 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.1227 of 2018

            National Insurance Co. Ltd. through its ....       Appellant
            Divisional Manager.
                                              Mr.R.R.Mohanty, Advocate

                                         -versus-

            Debaki Sundi and others               ....      Respondents
                  Mr. B.N.Samantray, Advocate for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

21.9.2022 Order No.

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

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

3. Present appeal by the Appellant is against the judgment dated 30th June, 2018 of the First Motor Accident Claims Tribunal, Jajpur, in M.A.C. Case No.06 of 2010, wherein compensation to the tune of Rs.6,74,800/- has been granted along with interest @7.5% per annum with effect from the date of filing of the claim application on account of death of the deceased Shyam Sundar Sundi in the motor vehicular accident on 3rd June, 2009.

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

Rs.6,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Samantray, learned counsel for the claimant -Respondent Nos.1 to 3 and Mr. Mohanty, 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.6,00,000/-(Six lakhs) 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. As prayed for by the Insurer, 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, 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

M.K.Panda