Authorized Signatory vs Sweta Kumar Nayak And Another
2023 Latest Caselaw 3907 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.401 of 2022

                Authorized Signatory, Cholamandalam ....             Appellant
                MS General Insurance Company
                Limited
                                                    Mr. A.A. Khan, Advocate
                                          -versus-
                Sweta Kumar Nayak and another          ....       Respondents
                               Mr. P.K. Mishra, Advocate for Respondent No.1
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                           ORDER

20.04.2023 Order No.

04. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment dated 28.01.2022 of learned 1st M.A.C.T., Angul in M.A.C. No.89 of 2018, wherein compensation to the tune of Rs.5,53,720/- has been granted along with simple interest @7.5% per annum to the claimant from the date of filing of the claim application, i.e.17.5.2018 on account of injury sustained by him in the motor vehicular accident dated 4.12.2017.

3. Upon hearing both the parties and considering all such 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 claimant agrees

to the same and Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit 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.17.5.2018 within a period of two months from today; where- after the same shall be disbursed in favour of the claimant- Respondent No.1 on such terms and proportion to be fixed by the Tribunal.

5. 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.

6. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik