Oriental Insurance Co. Ltd vs Smt. Kabita Maharana And Others
2023 Latest Caselaw 9095 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.706 of 2020
                 Oriental Insurance Co. Ltd.,
                 represented by the Regional Manager,
                 Legal Department, Sahidnagar,
                 Bhubaneswar                                ....         Appellants
                                                        Mr. P.K. Mahali, Advocate
                                             -versus-
                 Smt. Kabita Maharana and Others            ....       Respondents
                                 Mr. P.K. Mishra, counsel for Respondents 1 to 4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

11.8.2023 Order No.

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

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

3. It is submitted by Mr. Mishra that claimant - Respondent No.4, namely Smt. Malati Maharana died in the meantime on 15th May 2023. Accordingly her name is deleted, as prayed for.

4. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 19th March, 2020 of learned 2nd MACT (Southern Division), Berhampur, Ganjam passed in MAC Case No.102 of 2018 (363/2016-GDC), wherein compensation to the tune of Rs.16,58,500/- along with interest @ 6% per annum from the date of filing of the claim application, has been granted on account of

death of deceased Mahendra Maharana @ Raju in the motor vehicular accident dated 2nd September 2016.

5. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.15,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Mahali, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

6. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit a reduced compensation of Rs.15,00,000/- (fifteen lakhs) 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 claimants - Respondents No.1 to 3 on such terms and proportion to be decided by the learned tribunal.

7. 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.

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 Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 11-Aug-2023 15:24:33