Oriental Insurance Co. Ltd vs Jagyansini Pradhan And Another
2023 Latest Caselaw 9682 Ori

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         MACA No.60 of 2023

                                   Oriental Insurance Co. Ltd.                ....        Appellant
                                                                              Mr.S.Roy, Advocate

                                                                 -versus-

                                   Jagyansini Pradhan and another        ....       Respondents
                                                   Mr.P.K.Mishra, Advocate for Respondent No.1

                                              CORAM:
                                              JUSTICE B. P. ROUTRAY

                                                             ORDER

21.8.2023 Order No.

2. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Roy, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against judgment dated 31st October, 2022 of District Judoge-cum-Judge, 1st MACT, Bargarh, in M.A.C.Case No.65 of 2016, wherein compensation to the tune of Rs.11,97,392/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 15th January, 2016.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.11,00,000/- along with interest @6% per annum is proposed to the parties in Signature Not Verified course of hearing. This is agreed by Mr.Mishra, learned counsel Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication for the claimant. Mr.Roy, learned counsel for the Insurer leaves Location: Orissa High Court, Cuttack

it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.11,00,000/- (Eleven 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 the claimant on such terms and proportion to be fixed by the Tribunal. As prayed for by the Insurer, it is open for him 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.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 24-Aug-2023 12:33:32