The Divisional Manager vs Tila Dei & Ors
2023 Latest Caselaw 8304 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.371 of 2023 & 705 of 2022

                              MACA No. 371 of 2023
                              The Divisional Manager, M/S. Oriental ....          Appellant
                              Insurance Co.Ltd.
                                                                 Mr. P.K.Mahali, Advocate
                                                           -versus-
                              Tila Dei & Ors .                            ....      Respondents
                                                   Mr.B.P.Mohanty, Advocate for Respondents

                              MACA No.705 of 2022
                              Tila Dei & Ors.                             ....        Appellants
                                                                      Mr.B.P.Mohanty, Advocate
                                                           -versus-
                              Sushant Jena & Anr.                         ....      Respondents
                                                                      Mr. P.K.Mahali, Advocate


                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                        ORDER

31.07.2023 Order No.

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

2. Heard Mr.Mahali, learned counsel for the Appellant and Mr.Mohanty, learned counsel for the Respondents.

3. Both the appeals being arise out of the same judgment dated 3rd November, 2022 passed by 4th Motor Accident Claims Tribunal, Puri in MACT Case No. 252 of 2015, wherein compensation to the tune of Rs.11,45,000/- was granted along with interest @ 6 % per annum to

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

the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 14th July, 2015, are heard together and disposed of by this common order.

4. Mr.Mahali submits that, though the offending moped bearing registration No. OD-05-L-0965 was not involved in the accident but subsequently it has been implanted. This contention raised on behalf of the Insurer is found unsustainable in absence of any evidence adduced from their side. On the contrary, both the witnesses viz. P.W.2 & 3 have stated about involvement of the offending vehicle in accident and their evidences in this regard are not sufficiently rebutted.

5. On the question of quantification of compensation amount, upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a reduced compensation of Rs.10,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Mohanty, learned counsel for the claimants. Mr. Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 10,50,000/- (Ten lakhs fifty thousand) 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.

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. 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. 371 of 2023 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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

( B.P. Routray) Judge S.Das