Divisional Manager vs Pramila Pradhan And Others
2023 Latest Caselaw 1337 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.487 of 2016

            Divisional Manager, Oriental
            Insurance Co. Ltd.                        ....        Appellant
                                                   Mr.A.A.Khan, Advocate

                                        -versus-

            Pramila Pradhan and others             ....      Respondents
                      Mr.K.Panigrahi, Advocate for Respondent Nos.1 & 2


                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

8.2.2023 Order No.

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

2. Heard Mr.Khan, learned counsel for the Insurer- Appellant and Mr.Panigrahi, learned counsel for Claimants- Respondent No.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 4th January, 2016 of the 3rd M.A.C.T., Bhanjanagar, Ganjam, in MAC No.21 of 2012, wherein compensation to the tune of Rs.5,00,000/- 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 26th December, 2011.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of

Rs.4,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Panigrahi, learned counsel for the claimants. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced compensation of Rs.4,50,000/- (four lakhs fifty thousand) 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 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. However, the penal interest of 9%, as directed by the Tribunal, is waived.

6. 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.

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

( B.P. Routray) Judge

S.Das