The Divisional Manager vs Swetapadma Mallick@Netapadma
2023 Latest Caselaw 10006 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    MACA No.711 of 2022
                                 The Divisional Manager, M/s.Magma            ....           Appellant
                                 HDI General Insurance Company
                                 Limited
                                                                          Mr. G.P. Dutta, Advocate
                                                            -versus-
                                 Swetapadma Mallick@Netapadma            ....      Respondents
                                 Mallick and others
                                           Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 5
                            .


                                             CORAM:
                                             JUSTICE B. P. ROUTRAY
                                                            ORDER

24.08.2023 Order No.

03. 1. Mr. G.P. Dutta, learned counsel for the Appellant submits that he has already paid the deficit Court fee of Rs.16338/- on 22.8.2023. The same is accepted on record.

2. Though this matter was listed under heading "For Orders", but the same is taken up for final disposal on the request of parties.

3. Heard Mr. G.P. Dutta, learned counsel for the Appellant- Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 5-claimants.

4. Present appeal by the insurer is directed against the judgment dated 15.09.2022 of learned 1st M.A.C.T., Cuttack in M.A.C. No.1049 of 2015, wherein compensation to the tune of Rs.32,67,500/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.28.12.2015 on account of death of the deceased in the motor vehicular accident dated 29.05.2015.

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 13:18:55

5. Upon hearing both the parties and considering the grounds of challenge advanced including reduction of future prospects to the extent of 40%, a reduced compensation of Rs.27,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. G.P. Dutta, learned counsel for the Appellant- Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.27,00,000/- (rupees twenty-seven lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 28.12.2015 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 penal interest is waived.

7. 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.

8. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 13:18:55