The Legal Manager vs Snehalata Nayak And Others
2023 Latest Caselaw 8521 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.170 of 2023

            The Legal Manager,
            Cholamandalam MS G.I.Co. Ltd.              ....       Appellant
                                                    Mr.A.A.Khan, Advocate

                                         -versus-

            Snehalata Nayak and others                 ....        Respondents
                         Mr.P.K.Mishra, Advocate for Respondent Nos.1 & 2

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                       ORDER

3.8.2023 Order No.

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

2. Heard Mr.Khan, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 1st November 2022 of 4th M.A.C.T.-Cum-1st Addl. District Judge, Baripada in M.A.C. Case No.110 of 2020, wherein compensation to the tune of Rs.56,80,904/- 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 28th November 2020.

4. Upon hearing both parties and considering all such grounds of challenge advanced including deduction of statutory Signature tax amount, a reduced compensation of Rs.51,80,000/- Not Verified along with Digitally Signed Signed by: CHITTA RANJAN BISWAL interest @6% per annum is proposed to the parties in course of Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Page 1 of Date: 04-Aug-2023 2 10:45:04 hearing. This is agreed by Mr. Mishra, learned counsel for the claimants. Mr. Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.51,80,000/-(Fifty one lakhs eighty thousand) before the Tribunal along with interest @6% per annum 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. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 04-Aug-2023 10:45:04