Divisional Manager vs Swapna Rani Dash & Anr
2023 Latest Caselaw 3628 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                          MACA No.1250 of 2017 & MACA No.380 of 2018

                 MACA No. 1250 of 2017
                 Divisional Manager, M/S. New India       ....           Appellant
                 Assurance Co.Ltd.
                                                       Mr. G.P.Dutta, Advocate
                                            -versus-
                 Swapna Rani Dash & Anr.                  ....        Respondents
                                        Mr.B.N.Rath, Advocate for Respondents

                 MACA No.380 of 2018
                 Swapna Rani Dash & Ors.                  ....          Appellants
                                                         Mr.B.N.Rath, Advocate
                                            -versus-
                 Satya Narayan Das & Anr.                 ....        Respondents
                                                       Mr. G.P.Dutta, Advocate


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

18.04.2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant and Mr.Rath, learned counsel for the Respondents.

3. Both the appeals being arise out of the same judgment dated 29th September, 2017 passed by 3rd Motor Accident Claims Tribunal, Mayurbhanj in MAC No. 12 of 2015, wherein compensation to the tune of Rs.44,15,436/- was granted along with interest @ 6% per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on

1st September, 2015, are heard together and disposed of by this common order.

4. Upon hearing both parties and perusal of impugned judgment it reveals that the Tribunal by adopting all settled procedures has derived the compensation amount. No flaw is noticed in the same to interfere with. Further, the validity of the insurance policy being remain undisputed and no such violation of conditions of policy being urged, no merit is seen to interfere with the impugned award in favour of the either party.

5. In the result, both the appeals are dismissed and the Insurer i.e. New India Assurance Co. Ltd. is directed to deposit the entire compensation amount including interest as per the direction of the Tribunal within a period of two months from today, which shall be disbursed in favour of the Claimants on same terms and proportion as contained in the impugned judgment.

6. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No. 1250 of 2017 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

( B.P. Routray) Judge S.Das