The Divisional Manager vs Smt. Kabitanjali Sahu And Others
2023 Latest Caselaw 7312 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1025 of 2017

                 The Divisional Manager, Oriental
                 Insurance Company Ltd., Bajrakabati   ....         Appellant
                 Road, Cuttack
                                              Mr. Mohan Ch. Nayak, Advocate
                                           -versus-
                 Smt. Kabitanjali Sahu and Others          ....        Respondents
                                 Mr. P.K. Mishra, counsel for Respondents 1 to 5
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

5.7.2023 Order No.

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

2. Heard Mr. M.C. Nayak, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 16th May, 2017 of learned 2nd MACT, Sambalpur passed in MAC No.9 of 2004 (Dhenkanal), wherein compensation to the tune of Rs.4,45,000/- along with interest @ 7.5% per annum has been granted on account of death of deceased Harihar Sahu in the motor vehicular accident dated 27th December, 2003.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondents and Mr. Nayak, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit a reduced compensation of Rs.4,00,000/- (four 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 claimant - Respondents on such terms and proportion to be decided by the learned tribunal. However, as prayed on behalf of the Appellant, it is open for the insurer 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. The statutory deposit made by the appellant before this court along with accrued interest thereof be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal

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

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

Signature Not Verified

Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 07-Jul-2023 10:41:23