The Assistant Manager vs Palaka Madhabi And Others
2023 Latest Caselaw 729 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.578 of 2022
                 The Assistant Manager, Legal, M/s.
                 Chola MS General Insurance Co. Ltd.        ....          Appellant
                                                         Mr. G.P. Dutta, Advocate
                                              -versus-
                 Palaka Madhabi and Others                  ....       Respondents
                               Mr. J. Mohanty, counsel for Respondents 1 to 4
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

24.1.2023 Order No.

I.A. No.1413 of 2022

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. J. Mohanty, 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.578 of 2022

04. 5. Though the matter is listed for orders, on the consent of both the parties the same is taken up for final hearing.

6. Heard learned counsel for both parties.

7. Present appeal by the insurer is against impugned judgment dated 17th May, 2022 of learned 1st MACT, Cuttack passed in MAC Case No.299 of 2021, wherein compensation to the tune of Rs.68,65,210/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 17th March, 2021 has been granted on account of death of deceased Palaka Budu @ Budu Palaka in the motor vehicular accident dated 23rd February, 2021.

8. Upon hearing both parties and considering all such grounds of challenge advanced by the parties, a reduced compensation of Rs.60,00,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Mohanty, learned counsel for the claimant - Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

09. In the result, the appeal is disposed of with a direction to the Appellant - insurer to deposit a reduced compensation of Rs.60,00,000/- (sixty lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 17th March, 2021, 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 the learned tribunal.

10. The penal interest of 12% as directed by the Tribunal is waived.

11. The invalid cheque deposited by the insurer - Appellant before this court be returned to the Appellant on proper application.

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

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