Divisional Manager vs Sasmita Pradhan And Others
2023 Latest Caselaw 163 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                     MACA No.378 of 2017 & MACA No.483 of 2017


             MACA No.378 of 2017
             Divisional Manager,
             M/s.National Insurance Co. Ltd.             ....       Appellant
                                                    Mr.P.K.Mohanty, Advocate

                                         -versus-

             Sasmita Pradhan and others             ....     Respondents
                          Mr.B.N.Rath, Advocate for Respondent Nos.1 to 3

                                        AND

            MACA No.483 of 2017
            Sasmita [email protected] and others           ....        Appellants
                                                      Mr.B.N.Rath, Advocate

                                         -versus-

            Chandeswar Rana and another         ....       Respondents
                         Mr.P.K.Mohanty, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

04.01.2023 Order No.

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

2. Heard Mr.Mohanty, learned counsel for the Insurer and Mr.Rath, learned counsel for the Claimants.

3. Both the appeals arise out of the same judgment dated 23rd December, 2016 passed by the learned District Judge-cum-3rd M.A.C.T., Cuttack, in M.A.C. Case No.45 of 2014, wherein

compensation to tune of Rs.6,22,000/- along with interest @6% per annum has been granted from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 25th March, 2014.

4. MACA No.378 of 2017 has been preferred by the Insurer challenging the compensation amount and MACA No.483 of 2017 has been filed by the Claimants for enhancement of the compensation amount.

5. Upon hearing both parties and considering all such grounds advanced in both the appeals, a reduced compensation of Rs.5,90,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Rath, learned counsel for the claimants. Mr.Mohanty, 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 reduced compensation of Rs.5,90,000/- (Five lakhs ninety 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 no.1 & 2, namely, Sasmita Pradhan and Gurudev Pradhan, who are widow and minor son of the deceased, 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.

7. With aforesaid modification in the compensation amount, the appeal is disposed of.

8. The statutory deposit made by the Appellant in MACA No.378 of 2017 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