Manager vs Rashmita Jethi & Anr
2023 Latest Caselaw 8301 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Aug-2023 16:17:03




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                MACA Nos.641 & 543 of 2022

                              MACA No. 641 of 2022
                              Manager, Legal, M/S. ICICI Lombard        ....         Appellant
                              General Insurance Co.Ltd., BBSR
                                                                      Mr. A.A.Khan, Advocate
                                                           -versus-
                              Rashmita Jethi & Anr .                    ....       Respondents
                                                       Mr.D.Patnaik, Advocate for Respondents

                              MACA No.543 of 2022
                              Rashmita Jethi                            ....         Appellant
                                                                      Mr.D.Patnaik, Advocate
                                                           -versus-
                              ID Muhammad Ansarai & Anr.                ....       Respondents
                                                                      Mr. A.A.Khan, Advocate


                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                         ORDER

31.07.2023 Order No.

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

2. Heard Mr.Khan, learned counsel for the Appellant and Mr.Patnaik, learned counsel for the Respondents.

3. Both the appeals being arise out of the same judgment dated 29th August, 2022 passed by 1st Addl. District Judge-cum- 1st Motor Accident Claims Tribunal, Cuttack in MAC Case No. 933 of 2017, wherein compensation to the tune of Rs.21,84,400/- was granted along

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Aug-2023 16:17:03

with interest @ 6 % per annum to the claimants from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 7th October, 2017, are heard together and disposed of by this common order.

4. Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a reduced compensation of Rs.21,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Patnaik, learned counsel for the claimants. Mr. Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 21,00,000/- (Twenty one lakhs) along with interest @ 6% per annum with effect 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. However, penal interest @ 12% as directed by the Tribunal is waived.

6. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No. 641 of 2022 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Aug-2023 16:17:03

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge S.Das