Divisional Manager vs Brundaban @ Brunda Bag And Others
2023 Latest Caselaw 2839 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.1217 of 2016
                 Divisional Manager, Oriental
                 Insurance Company Ltd.,                   ....           Appellant
                                              Mr. Mahitosh Sinha, Advocate
                                        -versus-
                 Brundaban @ Brunda Bag and Others ....          Respondent
                                 Mr. P.K. Behera, counsel for Respondents 1 & 2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

5.4.202 Order No.

09. 1. The matter is taken up through hybrid mode.

2. Heard Mr. M. Sinha, learned counsel for the insurer - Appellant and Mr. P.K. Behera, learned counsel for claimant - Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 22nd September, 2016 of learned 1st MACT, Kalahandi, Bhawanipatna passed in MAC Case No.2 of 2015, wherein compensation to the tune of Rs.1,90,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 2nd January, 2015 has been granted on account of death of deceased Santula Bag in the motor vehicular accident dated 8th March, 2014.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.1,60,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Behera, learned counsel for the claimants and Mr. Sinha, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the modified compensation of Rs.1,60,000/- (one lakh sixty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 2nd January, 2015, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by the learned tribunal.

6. It is made clear that this court has not disturbed the right of recovery granted by the tribunal in favour of the insurer.

7. The statutory deposit made by the appellant - insurer before this court along with accrued interest thereof be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda