Divisional Manager vs Bismita Behera And Others
2023 Latest Caselaw 8939 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.16 of 2015
                 Divisional Manager, National
                 Insurance Co. Ltd., Cantonment Road, ....             Appellant
                 Cuttack
                                                  Mr. S.R. Pattanaik, Advocate
                                           -versus-
                 Bismita Behera and Others               ....       Respondents
                                Mr. P.K. Mishra, counsel for Respondents 1 to 4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

9.8.2023 Order No.

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

2. Heard Mr. S.R. Pattanaik, learned counsel for insurer - Appellant and Mr. P.K. Mishra, learned counsel for the claimant- Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 20th September, 2014 of learned District Judge-cum-1st MACT, Keonjhar passed in MAC Case No.211 of 2015, wherein compensation to the tune of Rs.4,92,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th August, 2005 has been granted on account of death of deceased Malati Behera in the motor vehicular accident dated 14th July, 2005.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,50,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Pattanaik, 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 - Appellant to deposit a reduced compensation of Rs.4,50,000/- (four lakhs fifty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th August, 2005 within a period of two months from today; where-after the same shall be disbursed in favour of the claimant- Respondents on such terms and proportion to be decided by the learned tribunal.

6. The penal interest @ 9% is waived.

7. 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.

8. 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

Reason: Authentication Location: OHC, Cuttack Date: 10-Aug-2023 18:13:52