Divisional Manager vs Priti Kumari And Others
2023 Latest Caselaw 3642 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                        MACA No.636 of 2022

                 Divisional Manager, M/s.National          ....          Appellant
                 Insurance Company Ltd.
                                                    Mr. P.K. Tripathy, Advocate
                                            -versus-
                 Priti Kumari and others                  ....       Respondents
                           Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
            .


                             CORAM:
                             JUSTICE B. P. ROUTRAY

                                               ORDER

18.04.2023 Order No. I.A. No.1378 of 2022

02. 1. Heard Mr. P.K. Tripathy, learned counsel for the Appellant-

Insurance Company and Mr. P.K.Mishra, learned counsel for the Respondent Nos.1 to 3-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

MACA No.636 of 2022

4. Present appeal by the insurer is directed against the judgment dated 22.02.2022 of learned 4th M.A.C.T., Keonjhar in M.A.C.

Case No.18/133 of 2019-2014, wherein compensation to the tune of Rs.5,00,000/- has been granted along with simple interest @7% per annum to the claimants from the date of filing of the

claim application, i.e.07.08.2014 on account of death of the deceased, namely, [email protected] Kumar Padhi in the motor vehicular accident dated 23.11.2011.

5. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.4,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 3-claimants agrees to the same and Mr. P.K. Tripathy, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.4,50,000/- (rupees four lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.07.08.2014 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 to 3 on such terms and proportion to be fixed by the Tribunal. However, as prayed on behalf of the insurer, it is open for him 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.

7. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before

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

8. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik