National Insurance Co. Ltd vs Bhaskar Pradhan And Others
2023 Latest Caselaw 8723 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.635 of 2020
                 National Insurance Co. Ltd.,
                 represented through its Officer-in-
                 Charge, Orissa Legal Cell, Cantonment               Appellant
                 Road, Cuttack                           ....
                                                       Mr. A.P. Das, Advocate
                                             -versus-
                 Bhaskar Pradhan and Others              ....       Respondents
                                  Mr. P.K. Mishra, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

7.8.2023 Order No. I.A. No.1051 of 2020

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

2. Since the deficit court fee has already been deposited, the same be accepted on record and I.A. is disposed of.

I.A. No.1122 of 2020

07. 3. The I.A. is disposed of since no delay is there as per S.R.

MACA No.635 of 2020

08. 4. Heard Mr. A.P. Das, learned counsel for insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent.

5. It is submitted at the Bar that claimant - Respondent No.2, namely Smt. Premalata Pradhan died in the meantime on 11th August, 2020. Accordingly the name of Respondent No.2 is deleted, as prayed for.

6. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 3rd August 2019 of learned 1st MACT, Dhenkanal passed in MAC Case No.155 of 1992, wherein compensation to the tune of Rs.1,34,800/- along with interest @ 7% per annum from the date of filing of the claim application, has been granted on account of death of deceased Khirod Pradhan in the motor vehicular accident dated 30th April, 1992.

7. Upon hearing both parties and considering all such grounds no merit is seen to reduce the compensation in favour of the insurer. However the rate of interest is reduced to 6% from 7%.

8. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the entire compensation of Rs.1,34,800/- (one lakh thirty-four thousand eight hundred) 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. However, as prayed on behalf of the Appellant, it is open for the insurer to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

9. The statutory deposit made by the appellant before this court along with accrued interest thereof be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.

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

                                                                ( B.P. Routray)
            Signature Not Verified                                   Judge
M.K.Panda   Digitally Signed
            Signed by: MANAS KUMAR PANDA
            Designation: Senior Steno
            Reason: Authentication
            Location: OHC, Cuttack
            Date: 09-Aug-2023 17:40:52