Divisional Manager vs Amit Kumar Jena And Another
2023 Latest Caselaw 216 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.77 of 2018

            Divisional Manager,
            New India Insurance Co. Ltd.               ....         Appellant
                                                     Mr.G.P.Dutta, Advocate

                                         -versus-

            Amit Kumar Jena and another          ....       Respondents
                             Mr.B.Singh, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

5.1.2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant and Mr.Singh, learned counsel for Respondent No.1.

3. Present appeal by the Insurer is against the judgment dated 23rd September 2017 of the Motor Accidents Claims Tribunal-I, Balasore, in M.A.C.Case No.315 of 2015, wherein compensation to the tune of Rs.57,45,900/- has been granted along with interest @7.5% 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 6th June, 2015.

4. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.55,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Singh, learned counsel

for the claimant. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.55,00,000/- (Fifty five lakhs) along with interest @6% per annum from the date of filing of the claim application before the Tribunal 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.

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

7. 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.

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

( B.P. Routray) Judge C.R.Biswal