Orissa High Court
The Manager Claims vs Amzad Khan And Another on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.815 of 2018 & MACA No.406 of 2018
In MACA No.815 of 2018
The Manager Claims, Oriental .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Amzad Khan and another .... Respondents
Mr. P.K. Mishra, Advocate for Respondent No.1
In MACA No.406 of 2018
Amzad Khan .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
Pratap Kumar Swain and another .... Respondents
Mr. A.A. Khan, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
26.04.2023
Order No.
06. 1. Heard Mr. A.A. Khan, learned counsel for the Insurance
Company and Mr. P.K. Mishra, learned counsel for the claimant.
2. Both the appeals being arise out of same impugned judgment
dated 24.01.2018 of learned 3rd MACT, Bhubaneswar in M.A.C.
Case No.43/20 of 2012, wherein compensation to the tune of
Rs.5,05,473/- has been granted along with interest @7% per
annum to the injured-claimant from the date of filing of the claim
application, i.e. 05.03.2012 on account of injury sustained by the
injured, namely Amzad Khan in motor vehicular accident dated
21.01.2012, are heard together and disposed of by this common
order.
3. MACA No.815 of 2018 has been filed by the insurer
challenging the award and MACA No.406 of 2018 has been filed
by the claimants praying for enhancement of the compensation
amount.
4. All such contentions raised by Mr. A.A. Khan, learned
counsel for the insurer to disown the liability as well as
negligence on the part of the driver of the offending Truck
bearing Registration No.OR-04-G-7999 is rejected for the same
reasons stated in the connected appeals, Viz. MACA No.814 of
2018 & MACA No.405 of 2018, which are disposed of today.
5. On the question of quantum of compensation, considering all
such grounds advanced by both parties including sustenance of
disability to the extent of 40% and period of treatment as indoor
patient for 27 days, an enhanced compensation of Rs.6,55,473/-
payable along with interest @6% per annum 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 Insurance Company leaves it to the discretion of
the Court. The compensation amount is accordingly fixed to that
extent.
6. In the result, both the appeals are disposed of with a direction
to the insurer i.e. Oriental Insurance Company Limited to deposit
the modified compensation amount of Rs.6,55,473/- (rupees six
lakhs fifty-five thousand four hundred seventy-three) before the
Tribunal along with interest @6% per annum from the date of
filing of the claim application, i.e. 05.03.2012, within a period of
two months from today; where-after the same shall be disbursed
in favour of the claimant on such terms and proportion to be fixed
by the Tribunal. However, the direction for payment of penal
interest is waived.
7. On deposit of the award amount before learned Tribunal and
filing of a receipt evidencing the deposit with a refund application
before this Court, the statutory deposit made in MACA No.815 of
2018 before this Court with accrued interest thereon shall be
refunded to the Insurance Company.
( B.P. Routray)
Judge
B.K. Barik
