The Manager vs Runu @ Jhunu Panda And Others
2023 Latest Caselaw 9801 Ori

                                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                          MACA No.43 of 2020

                                   The Manager,
                                   Bajaj Allianz G.I.Co. Ltd.                 ....         Appellant
                                                                           Mr.G.P.Dutta, Advocate


                                                                -versus-


                                   Runu @ Jhunu Panda and others               ....       Respondents
                                                   Mr.P.K.Mishra, Advocate for Respondent No.1-5

                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                              ORDER

22.8.2023

Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent No.1-5.

3. It is submitted at the Bar that the claimant-Respondent No.4, namely, Udayanath Panda died on 5th September, 2020 and all other L.Rs' of the deceased being on record, his name may be deleted.

4. Present appeal by the Insurer is directed against the judgment dated 13th September, 2019 of the Member, 2nd MACT (SD), Berhampur in MAC No.111 of 2017, wherein Signature Not Verified compensation to the tune of Rs.22,20,900/- has been granted Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary along with interest @7% per annum with effect from the date of Reason: Authentication Location: Orissa High Court, Cuttack

filing of the claim application on account of death of the deceased in the motor vehicular accident on 31st July, 2015.

5. Mr.Dutta submits that the offending vehicle i.e. Max Pick-Up Van bearing registration no.OR-07X-6842 was not involved in the accident and has been falsely implicated. Such submission advanced on behalf of the Insurer is rejected outright in view of admission of the owner of offending vehicle regarding its involvement in the accident in his written statement. Further, the police upon completion of investigation has submitted the charge sheet stating involvement of the offending vehicle in the accident and commission of offences under Sections 279/304A/337/338 of the I.P.C are alleged against its driver.

6. On the question of quantum of compensation, upon hearing both parties and considering the all such grounds advanced in that respect, a reduced compensation amount of Rs.21,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

7. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.21,00,000/- (Twenty one 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 claimants on such terms and proportion to be fixed Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL by the Tribunal.

Designation: Secretary Reason: Authentication 8.

Location: Orissa High Court, Cuttack The appeal is disposed of.

Date: 23-Aug-2023 17:19:16

9. 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.

10. 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