Orissa High Court
Iffco Tokio General Insurance vs Babu Sekh @ Sk. Majid And Another ... on 21 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.238 of 2021
MACA No.238 & 209 of 2021
IFFCO TOKIO General Insurance
Co. Ltd., Nuasahi, Balasore (In MACA No.238/2021)
Babu Sekh @ Sk. Majid (In MACA No.209/2021)
.... Appellants
Mr. G.P. Dutta, Advocate (in MACA No.238/2021)
Mr. P.K. Mishra, Advocate (in MACA No.209/2021)
-versus-
Babu Sekh @ Sk. Majid and Another (In MACA No.238/2021)
Jai Bhagwan Sharma and Another (In MACA No.209/2021)
.... Respondents
Mr. P.K. Mishra, counsel for Respondent No.1
(in MACA No.238/2021)
Mr. G.P. Dutta, counsel for Respondent No.2
(in MACA No.209/2021)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.7.2023
Order No.
05. 1. The matters are taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for the insurer, i.e. Iffco
Tokio General Insurance Co. Ltd. and Mr. P.K. Mishra, learned
counsel for the injured - 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 25th March, 2021 of
learned 5th MACT, Mayurbhanj passed in MAC Case No.14 of 2018,
wherein compensation to the tune of Rs.1,80,000/- along with interest
@ 7% per annum from the date of filing of the claim application has
been granted on account of injuries sustained by the injured -
claimant in the motor vehicular accident dated 3rd February, 2018.
5. Upon hearing both parties and considering all such grounds of
challenge advanced in both the appeals, a modified compensation of
Rs.2,30,000/- with 6% interest is proposed to the parties. This is
agreed by Mr. Mishra, learned counsel for the injured - claimant and
Mr. Dutta, learned counsel for the insurer leaves it to the discretion of
the court. Accordingly the compensation amount is fixed to the said
extent.
6. In the result both the appeals are disposed of with a direction to
the insurance company, i.e. Iffco Tokio General Insurance Company
Ltd. to deposit the modified compensation amount of Rs.2,30,000/-
(two lakh thirty 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 claimant on such terms and proportion to be
decided by the learned tribunal. However, as prayed on behalf of the
insurer, it is open for them 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
7. The statutory deposit made by the insurer - Appellant in MACA
No.238 of 2021 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.
8. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Senior Steno
Location: OHC, Cuttack
Date: 21-Jul-2023 17:49:58
