Orissa High Court
The Divisional Manager vs Mencha Mahanandia And Another (In ... on 20 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.310 of 2023
MACA No.310 & 295 of 2023
The Divisional Manager, M/s.National
Insurance Co. Ltd., Cantonment Road,
Cuttack (In MACA No.310/2023)
Mencha Mahanandia (In MACA No.295/2023)
.... Appellants
Mr. B. Dasmohapatra, Advocate (in MACA No.310/2023)
Mr. P.K. Mishra, Advocate (in MACA No.295/2023)
-versus-
Mencha Mahanandia and Another (In MACA No.310/2023)
Rusav Tripathy and Another (In MACA No.295/2023)
.... Respondents
Mr. P.K. Mishra, counsel for Respondent No.1
(in MACA No.310/2023)
Mr. B. Dasmohapatra, counsel for Respondent No.2
(in MACA No.295/2023)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
20.7.2023
Order No.
03. 1. The matters are taken up through hybrid mode.
2. Heard Mr. B. Dasmohapatra, learned counsel for the insurer,
i.e. National Insurance Co. Ltd. and Mr. P.K. Mishra, learned counsel
for the claimant.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. The appeals are against judgment dated 3rd December, 2022 of
learned 1st MACT, Boudh passed in MAC Case No.24 of 2017,
wherein compensation to the tune of Rs.5,01,200/- along with interest
@ 6% per annum from the date of filing of the claim application, i.e.
26th December, 2017 has been granted on account of death of
deceased Kalandi Mahanandia in the motor vehicular accident dated
9th September, 2016.
5. All such contentions raised by the parties in both the appeals
have already been dealt with by this court in order dated 6th September
2022 passed in MACA No.1171 of 2018, which was also arising out
of the same accident. Accordingly present appeals are disposed of in
terms of order dated 6th September 2022 of this court passed in
MACA No.1171 of 2018 by granting right of recovery in favour of
the insurer.
6. It is admitted at the Bar that ex-gratia amount of Rs.2,00,000/-
have already been received by the claimant. As such, considering
payment of such amount in favour of the claimant as well as the
income of the deceased at the enhanced wage rate @ Rs.6,200/- per
month and addition of future prospect to the extent of 10% thereon as
well as general damages, the compensation amount is re-determined
to Rs.3,62,307/-, payable along with interest @ 6% per annum.
7. In the result both the appeals are disposed of with a direction to
the insurance company, i.e. National Insurance Company Ltd. to
deposit an amount of Rs.3,62,307/- (three lakh sixty two thousand
three hundred seven) before the tribunal along with interest @ 6% per
annum from the date of filing of the claim application, i.e. 26 th
December, 2017, 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 decided by the learned tribunal.
8. The statutory deposit made by the insurer - Appellant in MACA
No.310 of 2023 before this court along with accrued interest be
refunded on proper application and on production of proof of deposit
of the awarded amount before the tribunal.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Digitally Signed
Designation: Senior Steno
Reason: Authentication
Location: OHC, Cuttack
Date: 21-Jul-2023 17:16:05
