Divisional Manager vs Aparti Sahoo & Ors
2023 Latest Caselaw 8494 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Aug-2023 10:29:24




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       MACA No.150 of 2023

                                Divisional Manager, M/S. National            ....             Appellant
                                Insurance Co.Ltd.
                                                                         Mr.N.K.Mishra, Advocate

                                                              -versus-

                                Aparti Sahoo & Ors.                          ....      Respondents
                                                                         Mr. P.K.Mishra, Advocate

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                           ORDER

03.08.2023 Order No.

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

2. Heard Mr. N.K.Mishra, learned counsels for the Appellant and Mr.P.K.Mishra, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against judgment dated 28th October, 2022 of 4th MACT, Puri in M.A.C.T.Case No.64 of 2010, wherein compensation to the tune of Rs.16,33,000/- has been granted along with interest @6% 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 12th June, 2009.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.14,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Aug-2023 10:29:24

P.K.Mishra, learned counsel for the claimants. Mr. N.K.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.14,00,000/- (Fourteen 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.

6. 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.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge S.Das