The Divisional Manager vs Smt. Satyabati Sabar And Another
2023 Latest Caselaw 8707 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.801 of 2016
                 The Divisional Manager, Shriram
                 General Insurance Co. Ltd.                ....
                                                                        Appellant
                                                          Mr. J.R. Deo, Advocate
                                            -versus-
                 Smt. Satyabati Sabar and Another          ....       Respondents
                                   Mr. K.C. nayak, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

7.8.2023 Order No.

08. 1. The matter is taken up through hybrid mode.

2. Heard Mr. J.R. Deo, learned counsel for insurer - Appellant and Mr. K.C. Nayak, learned counsel for the claimant- Respondent No.1.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 30th June, 2016 of learned District Judge- cum-MACT, Rayagada passed in MAC Case No.20 of 2014, wherein compensation to the tune of Rs.9,02,350/- along with interest @ 9% per annum from the date of filing of the claim application, has been granted on account of death of deceased Minaketan Sabar in the motor vehicular accident dated 31st July, 2013.

4. Upon hearing both parties and considering all such grounds of challenge including application of appropriate multiplier and deduction towards personal expenses as well as non-entitlement towards future prospect, a reduced compensation of Rs.4,30,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant and Mr. Deo, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a reduced compensation of Rs.4,30,000/- (four lakhs thirty 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 claimant- Respondent No.1 on such terms and proportion to be decided by the learned tribunal.

6. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 09-Aug-2023 17:40:52