Orissa High Court
Divisional Manager vs Kanchan Panda And Another on 14 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.305 of 2023
Divisional Manager, M/s.Oriental .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Kanchan Panda and another .... Respondents
Mr. D. Patnaik, Advocate for Respondent No.1
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
14.07.2023
Order No.
03. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-
Insurance Company as well as Mr. D. Patnaik, learned counsel
for the Respondent No.1-claimant.
2. Present appeal by the insurer is directed against the judgment
dated 15.12.2022 of learned 3rd M.A.C.T., Cuttack in M.A.C.
Case No.1085 of 2018, wherein compensation to the tune of
Rs.72,10,000/- has been granted along with simple interest @6%
per annum to the claimant from the date of filing of the claim
application, i.e.11.12.2018 on account of death of the deceased in
the motor vehicular accident dated 26.11.2018.
3. Mr. A.A. Khan, learned counsel for the Appellant-insurer
submits that the offending vehicle, i.e. Car bearing Registration
No.OD-02-AB-3789 was though not involved in the accident, but
has been implanted subsequently to manage the compensation
amount. He further submits that this particular vehicle was
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:40
involved in number of accidents and thus the chance of
implantation of the same is strengthened.
4. Such contention raised on behalf of the insurer is rejected
outright in absence of any evidence brought on record. It has
nowhere been also pleaded by the insurer that this particular
offending vehicle was involved in any other accident than the
present one.
5. Next coming to the question of quantum of compensation,
upon hearing both the parties and considering all such grounds of
challenge advanced in this regard, a reduced compensation of
Rs.62,00,000/- along with 6% interest is proposed to the parties in
course of hearing. Mr. D. Patnaik, learned counsel for the
claimant agrees to the same and Mr. A.A. Khan, learned counsel
for the Appellant-Insurance Company leaves it to the discretion
of the Court. The compensation amount is accordingly fixed to
that extent.
6. In the result, the Appellant - Insurance Company is directed to
deposit the reduced compensation of Rs.62,00,000/- (rupees
sixty-two lakhs) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application, i.e.
11.12.2018 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.
7. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
Signature Not Verified
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:40
application before this Court, the statutory deposit made before
this Court with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
8. The MACA is disposed of with aforesaid directions.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:40
