Divisional Manager vs Bulu @ Julu Behera And Another
2023 Latest Caselaw 1235 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                     MACA No.550 of 2022 & MACA No.553 of 2022


             MACA No.550 of 2022
             Divisional Manager,
             M/s.Oriental Insurance Co. Ltd.            ....       Appellant
                                                   Mr.Somnath Roy, Advocate

                                        -versus-

             Bulu @ Julu Behera and another       ....       Respondents
                            Mr.P.K.Mishra, Advocate for Respondent No.1

                                        AND

            MACA No.553 of 2022
            Bulu @ Julu Behera                         ....          Appellant
                                                    Mr.P.K.Mishra, Advocate

                                        -versus-

            Manoj Kumar Sahoo and another       ....       Respondents
                         Mr.Somnath Roy, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

6.2.2023 Order No.

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

2. Heard Mr.Roy, learned counsel for the Insurer and Mr.Mishra, learned counsel for the Claimant.

3. Both the appeals arise out of the same judgment dated 27th July, 2022 passed by the learned 1st Addl. District Judge- cum-1st M.A.C.T., Cuttack, in M.A.C. Case No.435 of 2017,

wherein compensation to tune of Rs.13,15,976/- along with interest @6% per annum has been granted from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident dated 7th March, 2017.

4. MACA No.553 of 2012 has been preferred by the claimant for enhancement of the compensation amount and MACA No.550 of 2022 has been filed by the Insurer challenging the compensation amount. Further, in MACA No.553 of 2022, the Appellant being the claimant is exempted from payment Court fee.

5. Upon hearing both parties and considering all such grounds advanced in both the appeals, an enhanced compensation of Rs.14,00,000/- 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 claimant. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. The Insurer is directed to deposit the enhanced compensation of Rs.14,00,000/- (fourteen lakhs) 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.

7. With aforesaid modification in the compensation amount, both the appeals are disposed of.

8. The statutory deposit made by the Appellant in MACA No.550 of 2022 along 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.

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

( B.P. Routray) Judge

C.R.Biswal