Sr.Divisional Manager vs Sarojini Purohit And Others
2023 Latest Caselaw 3771 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.29 of 2022

            Sr.Divisional Manager,
            Oriental Insurance Co. Ltd.                 ....         Appellant
                                                      Mr.G.P.Dutta, Advocate

                                           -versus-

            Sarojini Purohit and others                  ....       Respondents
                         Mr.S.K.Purohit, Advocate for Respondent Nos.1 to 4

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

19.04.2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant- Insurer and Mr.Purohit, learned counsel for claimants- Respondent Nos.1 to 4.

3. Present appeal by the Insurer is directed against the judgment dated 20th November, 2021 of the Member, 2nd M.A.C.T.,(Northern Division), Sambalpur, in M.A.C. Case No.6 of 2014 (Sambalpur), wherein compensation to the tune of Rs.29,75,867/- has been granted along with interest @6% 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 20th July, 2013.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.28,50,000/- along with interest @6% per annum is proposed

to the parties in course of hearing. This is agreed by Mr.Purohit, 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. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.28,50,000/-(Twenty eight lakhs fifty thousand) 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 on such terms and proportion to be fixed by the Tribunal. As prayed by 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.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. 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.

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

( B.P. Routray) Judge

C.R.Biswal