The New India Assurance Co. Ltd vs Ajodhya Bhoi And Others
2023 Latest Caselaw 10212 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     MACA No.768 of 2022
                               The New India Assurance Co. Ltd.         ....         Appellant
                                                                      Mr.A.A. Khan, Advocate
                                                           -versus-
                               Ajodhya Bhoi and others                 ....      Respondents
                                             Mr. J. Sahu, Advocate for Respondent Nos.1 & 2
                          .


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                         ORDER

28.08.2023 Order No.

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

Insurance Company as well as Mr. J. Sahu, learned counsel for Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment dated 12.04.2022 of learned 1st M.A.C.T., Balangir in M.A.C. Case No.92 of 2017, wherein compensation to the tune of Rs.37,76,360/- has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e.02.09.2017 on account of death of the deceased in the motor vehicular accident dated 29.06.2017.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.36,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. J. Sahu, learned counsel for the claimant agrees to the same and Mr. A.A. Khan, learned counsel for the Appellant-

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:01 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.36,50,000/- (rupees thirty-six lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.02.09.2017 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 & 2 on such terms and proportion to be fixed by the Tribunal. The penal interest @8% per annum is waived.

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

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:01