The New India Assurance Co. Ltd vs Debendra Narayan Patri And ...
2023 Latest Caselaw 10235 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     MACA No.508 of 2020
                               The New India Assurance Co. Ltd.       ....          Appellant
                                                             Mr. B. Dasmohapatra, Advocate
                                                         -versus-
                               Debendra Narayan Patri and another     ....       Respondents
                                               Mr. D. Patnaik, Advocate for Respondent No.1
                          .


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                         ORDER

28.08.2023 Order No.

08. 1. Heard Mr. B. Dasmohapatra, learned counsel for the Appellant-Insurance Company as well as Mr. D. Patnaik, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment dated 12.02.2020 of learned 2nd M.A.C.T., Cuttack in Misc. Case No.829 of 2010, wherein compensation to the tune of Rs.3,88,996/- has been granted along with interest @7% per annum to the claimant from the date of filing of the claim application, i.e.26.10.2010 on account of injury sustained by him in the motor vehicular accident dated 9.9.2010.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.3,30,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant agrees to the same and Mr. B. Dasmohapatra, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the

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 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.3,30,000/- (rupees three lakhs thirty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.26.10.2010 within a period of two months from today; where- after the same shall be disbursed in favour of the claimant- Respondent No.1 on such terms and proportion to be fixed by the Tribunal. However, as prayed on behalf of the insurer, it is open for him to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

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