M/S. Oriental Insurance Co.Ltd vs Tuni Behera & Ors
2023 Latest Caselaw 8307 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Aug-2023 16:17:02




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.253 of 2022

                              M/S. Oriental Insurance Co.Ltd.             ....       Appellant
                                                                       Mr.A.A.Khan, Advocate

                                                            -versus-

                              Tuni Behera & Ors.                     ....      Respondents
                                             Mr. S.Sen, Advocate for Respondent No. 1 to 4

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

31.07.2023 Order No.

06. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Khan, learned counsel for the Appellant and Mr. Sen, learned counsel for claimants-Respondent No. 1 to 4.

3. Present appeal by the Insurer is directed against judgment dated 7th December, 2021 of 3rd Addl. District Judge- cum-4th MACT, Cuttack, in M.A.C. Case No.1004 of 2004, wherein compensation to the tune of Rs.1,82,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 17th September, 2004.

4. Mr.Khan submits that since the Claimants are married daughters of the deceased they are not entitled for compensation amount. Such submission of Mr.Khan is rejected outright in view

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Aug-2023 16:17:02

of the law settled in National Insurance Co.Ltd. vrs. Birendar & Ors. (2020) 11 SCC 256 and several other cases.

5. In the result, the appeal is dismissed and Insurer- Appellant is directed to deposit entire compensation amount along with interest 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, the direction for payment of penal interest @12% is waived.

6. The statutory deposit made by the Appellant with accrued interest thereon shall be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge S.Das