The Divisional Manager vs Bairagi Charan Sahoo And Another
2023 Latest Caselaw 597 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    M.A.C.A. No.474 of 2020
            The Divisional Manager,
            National Insurance Co. Ltd.                 ....         Appellant
                                                      Mr.S.N.Nayak, Advocate
                                          -versus-
            Bairagi Charan Sahoo and another     ....       Respondents
                            Mr.K.C.Nayak, Advocate for Respondent No.1

                        CORAM:
                        SHRI JUSTICE B. P. ROUTRAY
                                       ORDER

18.1.2023 Order No.

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

2. Heard Mr.S.N.Nayak, learned counsel for the Insurer- Appellant and Mr.K.C.Nayak, learned counsel for the claimant- Respondent No.1.

3. Present appeal by the Insurer is directed against the judgment dated 28th March, 2019 of the 1st Addl.District Judge- cum-1st M.A.C.T., Cuttack, in M.A.C.No.238 of 2016, wherein compensation to the tune of Rs.9,20,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident on 3rd January, 2016.

4. It is submitted at the Bar that in the connected appeal arising out of the same common impugned judgment, in respect of M.A.C.No.238 of 2016, i.e. a case of death, the matter has been settled through Lok Adalat for Rs.8,30,000/- by order dated 19th September, 2021 passed in MACA No.473 of 2020.

5. The present one is a case of injury where permanent disability is to the extent of 55% as per the disability certificate.

The Tribunal has assessed functional disability to the same extent i.e. 55% .

6. Considering the nature of injuries, nature of disability and nature of avocation of the injured, the appeal is disposed of in the spirit of Lok Adalat by reducing the compensation amount to Rs.5,00,000/-, payable along with interest @6%.

7. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced compensation of Rs.5,00,000/- (Five lakhs) 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 claimant on such terms and proportion to be fixed by the Tribunal.

8. 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.

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

( B.P. Routray) Judge

C.R.Biswal