National Insurance Company ... vs Mita Sahu And Others
2023 Latest Caselaw 1562 Ori

                           IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.481 of 2009

                 National Insurance Company Limited        ....          Appellant
                                                          Mr. A.P. Das, Advocate
                                              -versus-
                 Mita Sahu and others                   ....      Respondents
                             Mr. B.P. Das, Advocate for Respondent Nos.1 & 2
            .



                             CORAM:
                             JUSTICE B. P. ROUTRAY
                                           ORDER

20.02.2023 Order No. M.C. No.1002 of 2009

10. 1. Heard Mr. A.P. Das, learned counsel for the Appellant-insurer and Mr. B.P. Das, learned counsel for Claimants - Respondent Nos.1 & 2.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. The M.C. is disposed of.

MACA No.481 of 2009

4. Though this matter was listed under the heading "For Orders", but the same is taken up for final disposal on the request of parties.

5. Present appeal by the insurer is directed against judgment dated 15.12.2008 of the learned 3rd MACT, Rayagada in M.A.C. No.19

of 2006, wherein learned Tribunal has granted compensation to the tune of Rs.2,00,000/- along with interest @10% per annum to the claimants from the date of filing of the claim application, i.e. 28.11.2006 on account of death of the deceased in the motor vehicular accident dated 21.4.2005.

6. Upon hearing both the parties and considering all such grounds advanced by the Appellant, which are mainly in respect of attributing contributory negligence to the driver of the tractor, I do not see any merit in such contention keeping in view the evidence of P.W.1 and P.W.2, who are direct witnesses to the incident. Both these witnesses have categorically stated against the driver of the commander jeep that he was solely negligent for causing the accident.

7. With regard to the quantum of compensation, the amount of compensation as directed by learned Tribunal is confirmed. However, the rate of interest is reduced to '6%'. This is agreed by Mr. B.P. Das, learned counsel for Claimants - Respondent Nos.1 & 2.

8. In the result, the appeal is disposed of with a direction to the Appellant-Insurance Company to deposit the compensation of Rs.2,00,000/- (rupees two lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 28.11.2006 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.

9. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant- Insurance Company.

10. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik