Divisional Manager vs Basanti Jena & Anr
2023 Latest Caselaw 4464 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.543 of 2020

            Divisional Manager, M/S. Oriental           ....         Appellant
            Insurance Co.Ltd.
                                                    Mr.S.Mishra, Advocate

                                         -versus-

            Basanti Jena & Anr.                     ....        Respondents
                                  Mr. P.K.Nayak, Advocate for Respondents

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

26.04.2023 Order No.

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

2. Heard Mr. Mishra, learned counsel on behalf of Mr.S.Satpathy, learned counsel for the Appellant and Mr. Nayak, learned counsel for claimants-Respondent.

3. Present appeal by the Insurer is directed against judgment dated 21st October, 2019 of 3rd MACT, Talcher, in M.A.C. Case No.54 of 2018, wherein compensation to the tune of Rs.14,98,000/- has been granted along with interest @7% 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 9th January, 2018.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.12,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Nayak,

learned counsel for the claimants. Mr. Mishra, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs.12,00,000/- (Twelve lakhs) along with interest @ 6% per annum with effect 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. The direction of the Tribunal for payment of additional (penal) interest @2% is waived.

6. It is noted here that the contentions of the Insurer regarding non-involvement of the offending vehicle in the accident is rejected keeping the fact in view that no evidence has been adduced and the police upon completion of investigation has submitted the charge-sheet against accused driver of the offending vehicle stating involvement of same in the accident and that, the evidence of the eye witness viz. P.W.2 is left unrebutted.

7. The statutory deposit made by the Appellant with accrued interest thereon shall 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 S.Das