Divisional Manager vs Shradhanjali Padhihari & Ors
2023 Latest Caselaw 3630 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA Nos.458 & 493 of 2022

                 MACA No. 458 of 2022
                 Divisional Manager, M/S.                 ....          Appellant
                 Cholamandalam General Insurance
                 Co.Ltd.
                                                       Mr. G.P.Dutta, Advocate
                                            -versus-
                 Shradhanjali Padhihari & Ors.            ....       Respondents
                                        Mr.B.N.Rath, Advocate for Respondents

                 MACA No.493 of 2022
                 Shradhanjali Padhihari & Ors.            ....         Appellants
                                                         Mr.B.N.Rath, Advocate
                                            -versus-
                 Ranjita Rout & Anr.                      ....       Respondents
                                                       Mr. G.P.Dutta, Advocate


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

18.04.2023 Order No.

04. 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 11th April, 2022 passed by 2nd Additional District Judge-cum-3rd Motor Accident Claims Tribunal, Cuttack in MAC Case No. 534 of 2017, wherein compensation to the tune of Rs.15,82,000/- 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 23rd April, 2017, are heard together and disposed of by this common order.

4. Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a reduced compensation of Rs.14,20,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Rath, learned counsel for the claimants. Mr. Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 14,20,000/- (Fourteen lakhs twenty thousand) along with interest @ 6% per annum with effect 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.

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. 458 of 2022 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

( B.P. Routray) Judge S.Das