Orissa High Court
The Divisional Manager vs Gajendra Behera And Others on 30 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1119 of 2018 & MACA No.1176 of 2018
In MACA No.1119 of 2018
The Divisional Manager, Oriental .... Appellant
Insurance Co. Ltd.
Mr. S. Roy, Advocate
-versus-
Gajendra Behera and others .... Respondents
Mr. K. Panigrahi, Advocate for Respondent Nos.1 to 4
In MACA No.1176 of 2018
Gajendra Behera and others .... Appellants
Mr. K. Panigrahi, Advocate
-versus-
Pradeepta Pradhan and another .... Respondents
Mr. S. Roy, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
30.08.2023
Order No.
MACA Nos.1119 & 1176 of 2018
07. 1. Heard Mr. S. Roy, learned counsel for Insurance Company and
Mr. K. Panigrahi, learned counsel for the claimants.
2. Both the appeals being arise out of the same judgment dated
21.04.2018 of the learned 6th MACT, Khurda in M.A.C.T. Case
No.114 of 2010 wherein compensation to the tune of
Rs.5,96,500/- has been granted along with interest @6% per
annum to the claimants from the date of filing of the claim
application, i.e.24.11.2010 on account of death of the deceased in
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Aug-2023 17:11:41
a motor vehicular accident dated 21.02.2010, are heard together
and disposed of by this common order.
3. MACA No.1119 of 2018 has been filed by the insurer
challenging the award and MACA No.1176 of 2018 has been
filed by the claimants praying for enhancement of the
compensation amount.
4. The delay in filing MACA No.1176 of 2018 is condoned.
5. Upon hearing both the parties and considering the grounds of
challenge advanced in both the appeals and the rate of minimum
wage prevalent on the date of accident along with future
prospects, a modified compensation of Rs.5,77,000/- along with
6% interest is proposed to the parties in course of hearing. Mr. K.
Panigrahi, learned counsel for the claimants agrees to the same
and Mr. S. Roy, 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 Insurance Company, i.e. Oriental Insurance Company
Limited to deposit the modified compensation of Rs.5,77,000/-
(rupees five lakhs seventy-seven thousand) before the Tribunal
along with interest @6% per annum from the date of filing of the
claim application, i.e.24.11.2010 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. However, as prayed on behalf of the insurer, it is open
for him to seek such right of recovery, if recoverable, from the
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Aug-2023 17:11:41
owner of the vehicle in accordance with law after affording
opportunity of hearing to the owner.
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 in
MACA No.1119 of 2018 before this Court with accrued interest
thereon shall be refunded to the Insurance Company.
8. 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: 31-Aug-2023 17:11:41
