National Insurance Company Ltd vs Sk. Yakub Alli And Another
2023 Latest Caselaw 4199 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.819 of 2020
                 National Insurance Company Ltd.,
                 represented through its Divisional          ....         Appellant
                 Manager
                                                         Mr. B.N. Udgata, Advocate
                                              -versus-
                 Sk. Yakub Alli and Another                  ....       Respondents
                            Mr. B.N. Samantaray, counsel for Respondents 1 & 2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

24.4.2023 Order No.

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

2. Heard Mr. B.N. Udgata, learned counsel for the insurer - Appellant and Mr. B.N. Samantaray, learned counsel for claimant - Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 27th September, 2019 of learned 3rd MACT, Jaipur passed in MAC Case No.167 of 2013, wherein compensation to the tune of Rs.6,76,600/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 17th December, 2013 has been granted on account of death of deceased Rizuana Begum in the motor vehicular accident dated 27th April, 2013.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,40,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Samantaray, learned counsel for the claimant - Respondents and Mr. Udgata, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.6,40,000/- (six lakhs forty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 17th December, 2013, 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.

6. 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.

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

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