The Divisional Manager vs Sukanti Dei And Others
2023 Latest Caselaw 2843 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MACA No.249 of 2019

            The Divisional Manager,
            National Insurance Co. Ltd.                   ....         Appellant
                                                       Mr.P.K.Mahali, Advocate



                                          -versus-



            Sukanti Dei and others                        ....      Respondents
                       Mr.P.K.Mishra, Advocate for Respondent Nos.1, 3 to 5



                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                        ORDER

05.04.2023

Order No. I.A.No.729 of 2019

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

2. Since the Court fees have already been paid, the same is accepted and the I.A. is disposed of.

MACA No.249 of 2019

3. Heard Mr.Mahali, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1, 3 to 5.

4. Present appeal by the Insurer is directed against the judgment dated 14th December, 2018 of the 1st MACT, Keonjhar, in M.A.C. Case No.89 of 2016, wherein compensation to the tune of Rs.8,08,000/- has been granted along with interest @7% 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 on 16th January, 2016.

5. 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.Mishra, learned counsel for the claimants. Mr.Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. It is submitted that in the meantime, claimant- Respondent No.2, namely, Tunu Maharana died on 5th November, 2021 during pendency of the appeal and all other L.Rs of the deceased are already on record. Accordingly, the name of claimant-Respondent No.2 is deleted, as prayed for.

7. In the result, the appeal is disposed of with a direction to the Insurer-Appellant 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-Respondents 1 & 3, namely, Sukanti Dei & Adikanda Maharana on such terms and proportion to be fixed by the Tribunal.

8. 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.

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

( B.P. Routray) Judge

C.R.Biswal