The Regional Manager vs Gangadhar Nayak And Another
2023 Latest Caselaw 9990 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.288 of 2015
                 The Regional Manager, New India
                 Assurance Co. Ltd., Saheed Nagar,
                 Bhubaneswar                               ....           Appellant
                                                        Mr. G.P. Dutta, Advocate
                                             -versus-
                 Gangadhar Nayak and Another               ....        Respondents
                                  Mr. S. Swain, counsel for Respondent No.1
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

24.8.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. S. Swain, learned counsel for the claimant - Respondent No.1.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 20th January, 2015 of learned 1st MACT, Puri passed in MAC Case No.339 of 2012, wherein compensation to the tune of Rs.1,74,199/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 25th August, 2012 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 21st December, 2010.

4. Mr. Dutta, learned counsel submits on behalf of the insurer that the vehicle has been falsely implanted in the accident despite not being involved in the same and it was seized after two years of the occurrence.

5. All such contentions raised by Mr. Dutta is found without any substance and evidence. Police after completion of investigation has submitted the charge-sheet against accused driver of the offending vehicle stating involvement of the vehicle in the accident and no challenge has been raised in that respect. Besides, P.W.2 is the eye witness of the accident whose evidence could not be rebutted sufficiently.

6. On the question of quantum of compensation, no reason is seen in favour of the insurer to interfere with the same. Accordingly the same is confirmed. However the rate of interest is reduced to 6% from 7.5%.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the compensation of Rs.1,74,199/- (one lakh seventy-four thousand one hundred ninety-nine) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 25th August 2012, within a period of two months from today; where-after the same shall be disbursed in favour of the injured - claimant on same terms and proportion as contained in the impugned judgment.

8. It is made clear that this court has not disturbed the right of recovery granted by the tribunal in favour of the insurer.

9. The statutory deposit made by the insurer - Appellant before this court along with accrued interest thereon shall be refunded on

proper application and on production of proof of deposit of the award amount before the tribunal.

10. 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: 25-Aug-2023 15:34:32