The Executive Manager (Legal) vs Raghunath Munda And Others
2023 Latest Caselaw 8724 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    MACA No.579 of 2022
                                 The Executive Manager (Legal),            ....          Appellant
                                 HDFC-ERGO General Insurance
                                 Company Limited
                                                                       Mr. G.P. Dutta, Advocate
                                                           -versus-
                                 Raghunath Munda and others             ....      Respondents
                                          Mr. P.K. Mishra, Advocate for Respondent Nos.1 & 2
                            .




                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

07.08.2023 Order No.

04. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel for Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment dated 25.08.2022 of learned 4th M.A.C.T., Keonjhar in M.A.C. Case No.34/151 of 2019-2015, wherein compensation to the tune of Rs.6,78,000/- has been granted along with simple interest @7% per annum to the claimants from the date of filing of the claim application, i.e.16.10.2015 on account of death of the deceased in the motor vehicular accident dated 18.06.2015.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,40,000/-

along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. G.P. Dutta, learned counsel for the

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 10:51:40 Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.6,40,000/- (rupees six lakhs forty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 16.10.2015 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 & 2 on such terms and proportion to be fixed by the Tribunal. It is made clear that the right of recovery as observed by learned Tribunal in the impugned judgment is extended in favour of the Appellant-insurer.

5. 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.

6. The MACA is disposed of with aforesaid directions.

7. 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: 10-Aug-2023 10:51:40