Orissa High Court
The Manager vs Brundabati Bhoi And Others on 4 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.351 of 2022
The Manager, TP HUB, Oriental .... Appellant
Insurance Co. Ltd.
Mr. S. Roy, Advocate
-versus-
Brundabati Bhoi and others .... Respondents
Mr. J.N. Panda, Advocate for Respondent Nos.1 to 3
Mr. K.C. Nayak, Advocate for Respondent No.4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
04.08.2023
Order No.
06. 1. Heard Mr. S. Roy, learned counsel for the Appellant-Insurance
Company as well as Mr. J.N. Panda, learned counsel for
Respondent Nos.1 to 3-claimants and Mr. K.C. Nayak, learned
counsel for Respondent No.4-owner.
2. Present appeal by the insurer is directed against the judgment
dated 31.03.2022 of learned 1st M.A.C.T., Kalahandi,
Bhawanipatna in M.A.C. No.73 of 2021, wherein compensation
to the tune of Rs.18,00,000/- has been granted along with simple
interest @6% per annum to the claimants from the date of filing
of the claim application, i.e.08.09.2021 on account of death of the
deceased in the motor vehicular accident dated 24.05.2020.
3. Mr. S. Roy, learned counsel for the insurer submits that during
pendency of the present claim application, another claim petition
was filed by the self-same claimants before learned 1st M.A.C.T.,
Cuttack in M.A.C. Case No.538 of 2020.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Aug-2023 10:05:50
4. Mr. J.N. Panda, learned counsel for the claimants-Respondent
Nos.1 to 3 submits that such filing of second claim application
before learned 1st M.A.C.T., Cuttack is beyond the knowledge of
the claimants and they have not filed any such claim application
at Cuttack. In this regard, he refers to the evidence of P.W.1 (the
widow), who has stated that she has not filed any such claim
application at Cuttack.
Accordingly, M.A.C. Case No.538 of 2020 pending before
the learned 1st M.A.C.T., Cuttack is dismissed.
5. Questioning the impugned award passed in M.A.C. No.73 of
2021, Mr. Roy submits that the deceased has contributed for the
negligence as three riders were there in the motorcycle. Such
contention raised by Mr. Roy is rejected outright being without
any merit.
6. On the question of quantum of compensation, considering the
grounds of challenge advanced, a reduced compensation of
Rs.16,00,000/- along with interest @6% per annum is proposed to
the parties in course of hearing. Mr. J.N. Panda and Mr. K.C.
Nayak, learned counsels for the claimants and owner respectively,
agree to the same and Mr. S. Roy, learned counsel for the
Appellant-Insurance Company leaves it to the discretion of the
Court. The compensation amount is accordingly fixed to that
extent.
7. In the result, the Appellant - Insurance Company is directed to
deposit the reduced compensation of Rs.16,00,000/- (rupees
sixteen lakhs) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application, i.e.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Aug-2023 10:05:50
08.09.2021 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.
8. 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.
9. The MACA is disposed of with aforesaid directions.
10. Copy of this order shall be communicated to the learned 1st
M.A.C.T., Cuttack in M.A.C. No.538 of 2020 without delay.
11. 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: 09-Aug-2023 10:05:50
