M/S. Reliance General Insurance vs P.Lakshmi Dora And Others
2022 Latest Caselaw 5150 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                 MACA No.407 of 2016 And MACA No.558 of 2016


            MACA No.407 of 2016
            M/s. Reliance General Insurance              ....        Appellant
            Company Ltd..
                                                     Mr.S.Satpathy, Advocate

                                         -versus-

             P.Lakshmi Dora and others             ....      Respondents
                     Mr.A.U.Senapati, Advocate for Respondent Nos.1 to 5

                                         AND

            MACA No.558 of 2016
            P.Lakshmi Dora and others                  ....        Appellants
                                                    Mr.A.U.Senapati, Advocate

                                         -versus-

             M/s. Reliance General Insurance
             Company Ltd. and another            ....         Respondents
                             Mr.S.Satpathy, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

27.09.2022 Order No.

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

2. Heard Mr.Satpathy, learned counsel for the Insurer and Mr.Senapati, learned counsel for the claimants.

3. Both the appeals arise out of the same judgment dated 2nd day of December, 2015 passed by the learned 3rd M.A.C.T.,

Jagatsinghpur in M.A.C. Case No.13 of 2012, wherein compensation to tune of Rs.8,37,000/- along with interest @7% per annum has been granted from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 11th July, 2011.

4. MACA No.407 of 2016 has been preferred by the Insurer challenging the compensation amount and MACA No.558 of 2016 has been filed by the claimants praying for enhancement of the compensation amount.

5. Upon hearing both parties and considering the grounds of challenge advanced by both parties, a reduced compensation of Rs.8,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Senapati, learned counsel for the claimants. Mr.Satpathy, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. The Insurer is directed to deposit the reduced compensation of Rs.8,00,000/- (Eight 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 on such terms and proportion to be fixed by the Tribunal.

7. With aforesaid modification in the compensation amount, both the appeals are disposed of.

8. The statutory deposit made by the Insurer in MACA No.407 of 2016 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.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal