Oriental Insurance Company Ltd vs Bhola Sagria And Another
2023 Latest Caselaw 2842 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.444 of 2022
                 Oriental Insurance Company Ltd.,
                 represented by its Authorized
                 Signatory-cum- Regional Manager           ....           Appellant
                                                Mr. Mahitosh Sinha, Advocate
                                          -versus-
                 Bhola Sagria and Another              ....        Respondent
                             Mr. Jagabandhu Sahu, counsel for Respondent No.1
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

5.4.202 Order No.

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

2. Heard Mr. M. Sinha, learned counsel for the insurer - Appellant and Mr. J. Sahu, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 3rd August, 2022 of learned 1st MACT, Balangir passed in MAC Case No.116 of 2015, wherein compensation to the tune of Rs.4,53,812/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 1st October, 2015 has been granted on account of death of deceased Rambha @ Rama Sagria in the motor vehicular accident dated 8th March, 2014.

4. Upon hearing both parties and considering all such grounds of challenge advanced in the appeal as well as cross-objection, a modified compensation of Rs.5,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Sahu, learned counsel for the claimant 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.5,00,000/- (five lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 1st October, 2015, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondent on such terms and proportion to be decided by the learned tribunal. However, as prayed on behalf of the Appellant, it is open for it 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. 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.

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

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