Divisional Manager vs Pravati Dehury And Others
2023 Latest Caselaw 7253 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         MACA No.49 of 2023

                                   Divisional Manager, The Oriental
                                   Insurance Co. Ltd.                    ....         Appellant
                                                                Ms.Rimjhimbala Pati, Advocate

                                                               -versus-

                                   Pravati Dehury and others              ....      Respondents
                                             Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 6

                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                             ORDER

4.7.2023 Order No.

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

2. Heard Ms.Pati, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent Nos.1 to 6.

3. Present appeal by the Insurer is directed against the judgment dated 26th September, 2022 of the 1st MACT-cum- District Judge, Dhenkanal, in M.A.C.Case No.227 of 2019, wherein compensation to the tune of Rs.11,96,440/- has been granted along with interest @7% 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 8th October, 2019.

4. Upon hearing both parties and considering all such grounds advanced in the appeal as well as cross-objection, a Signature Not Verified modified compensation of Rs.17,00,000/- along with interest Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary @6% per annum is proposed to the parties in course of hearing. Reason: Authentication Location: Orissa High Court, Cuttack

This is agreed by Mr.Mishra, learned counsel for the claimants. Ms. Pati, 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 modified compensation of Rs.17,00,000/- (Seventeen lakhs) before the Tribunal 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 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.

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

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 05-Jul-2023 10:48:02