The Divisional Manager vs Sakuli Mohanty And Others
2023 Latest Caselaw 3662 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.639 of 2020
                 The Divisional Manager, New India
                 Assurance Company Ltd.                    ....           Appellant
                                                           Mr. P. Sinha, Advocate
                                             -versus-
                 Sakuli Mohanty and Others               ....       Respondents
                                Mr. P.K. Mishra, counsel for Respondents 1 to 3
                                    Mr. B.C. Jena, counsel for Respondent No.5
                                    Mr. A Mishra, counsel for Respondent No.4
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

18.4.2023 Order No.

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

2. Heard Mr. P. Sinha, learned counsel for the insurer - Appellant, Mr. P.K. Mishra, learned counsel for claimant - Respondents 1 to 3, Mr. B.C. Jena, learned counsel for Respondent No.5 and Mr. A. Mishra, learned counsel for owner - Respondent No.4.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 14th February, 2020 of learned 2nd MACT, Cuttack passed in Misc. Case No.169 of 2000, wherein compensation to the tune of Rs.2,38,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 1st March, 2000 has been granted on account of death of deceased Krushna Chandra Mohanty in the motor vehicular accident dated 14th September, 1999.

4. Mr. Sinha submits on behalf of the insurer that details of alleged insurance policy could not be ascertained due to delayed receipt of notice, i.e. after 12 years of filing of the claim application. He thus prays to exempt present appellant from the liability.

5. It is seen that the claimants as well as the owner have furnished specific insurance policy number of the offending vehicle along with name of issuing branch which was not denied by the insurer. Therefore, no merit remains in the contention of the insurer to absolve them from the liability.

6. On the question of quantum of compensation, no merit is seen in favour of the insurer to reduce the same. However, the rate of interest is reduced to 6% from 7%.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit entire compensation amount of Rs.2,38,000/- (two lakhs thirty-eight thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 1st March 2000, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by the learned tribunal.

8. 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.

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

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