M/S.National Insurance Co. Ltd vs Neta Mallick And Others
2023 Latest Caselaw 7622 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        MACA No.184 of 2020

                                   M/s.National Insurance Co. Ltd.         ....         Appellant
                                                                          Mr.N.B.Das, Advocate

                                                               -versus-

                                   Neta Mallick and others                  ....          Respondents
                                               Mr.K.C.Nayak, Advocate for Respondent Nos.1 & 2



                                               CORAM:
                                               JUSTICE B. P. ROUTRAY

                                                             ORDER

14.7.2023 Order No.

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

2. Heard Mr.Das, learned counsel for the Appellant- Insurer and Mr.Nayak, learned counsel for claimants-Respondent Nos.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 4th November, 2019 of the 3rd MACT, Bhubaneswar, in M.A.C. Case No.207/6 of 2016-2010, wherein compensation to the tune of Rs.5,74,000/- 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 1st November, 2008.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Rs.5,20,000/- along with interest @6% per annum is proposed to Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack

the parties in course of hearing. This is agreed by Mr.Nayak, learned counsel for the claimants. Mr.Das, 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.5,20,000/- (Five lakhs twenty thousand) 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. The direction for payment of penal interest @8% per annum is waived.

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

SignatureC.R.Biswal Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-Jul-2023 11:37:56