M/S. National Insurance Company vs Smt. Kanakalata Sahu And Others
2023 Latest Caselaw 1561 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.610 of 2022
                 M/s. National Insurance Company
                 Ltd., represented through the Officer-    ....         Appellant
                 in-Charge, Odisha Legal Hub,
                 Cantonment Road, Cuttack
                             Ms. S. Das on behalf of Mr. P.K. Mohanty, Advocate
                                             -versus-
                 Smt. Kanakalata Sahu and Others           ....      Respondents
                                  Mr. A.K. Sahoo, counsel for Respondents 1 to 3

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

20.2.2023 Order No. I.A. No1339 of 2022

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

2. Heard Ms. S. Das on behalf of Mr. P.K. Mohanty, learned counsel for the Insurer - Appellant and Mr. A.K. Sahoo, learned counsel for claimant - Respondents.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application, the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

MACA No.610 of 2022

03. 5. Heard learned counsel for both parties.

6. Present appeal by the insurer is directed against impugned judgment dated 12th April, 2022 of learned 1st MACT, Balasore passed in MAC No.362 of 2018, wherein compensation to the tune of Rs.12,76,334/- along with interest @ 7.5% per annum form the date of

filing of the claim application, i.e. 4th September, 2018 has been granted on account of death of deceased Lambodar Sahu @ Ramesh in the motor vehicular accident dated 14th August, 2018.

7. Upon hearing both parties and considering all such grounds advanced, a reduced compensation of Rs.10,76,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Sahoo, learned counsel for the claimant - Respondents and Ms. Das, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

8. In the result, the appeal is disposed of with a direction to the Appellant-insurer to deposit reduced compensation of Rs.10,76,000/- (ten lakhs seventy-six thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 4th September, 2018, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by learned tribunal.

9. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit before the tribunal.

10. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda