The New India Assurance Co. Ltd vs Nilanchal Bhoi And Another
2023 Latest Caselaw 1892 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.431 of 2004

                The New India Assurance Co. Ltd.           ....           Appellant
                                                         Mr. G.P. Dutta, Advocate
                                          -versus-
                Nilanchal Bhoi and another                  ....        Respondents


            .               CORAM:
                            JUSTICE B. P. ROUTRAY

                                            ORDER

01.03.2023 Order No.

08. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company. No one appears for the claimant-Respondent No.1 despite valid service of notice.

2. Present appeal by the insurer is directed against judgment dated 29.4.2004 of learned 2nd M.A.C.T., Northern Division, Sambalpur in Misc.(A) Case No.183 of 1999(S), wherein compensation to the tune of Rs.55,000/- has been granted along with interest @9% per annum to the claimant from the date of filing of the claim application, i.e. 29.9.1999 on account of injury sustained by him in the motor vehicular accident dated 7.3.1999.

3. Mr. G.P. Dutta, learned counsel for the Appellant submits that the involvement of offending vehicle, i.e. Bus bearing Registration No.OR-17-A-0576 in the accident is doubtful and in support of his submission, he relies on the copies of the FIR,

seizure list and the charge-sheet pointing out some overwriting made therein.

4. On perusal of the copy of the FIR and other documents as produced by Mr. Dutta in course of hearing, I do not agree with the submission of Mr. Dutta. However, it is seen that only Rs.55,000/- along with interest @9% per annum has been awarded as compensation.

5. The date of accident is 7.3.1999 and by then the injured- claimant was a minor boy. Keeping in view the nature of injuries, the compensation amount is reduced to Rs.50,000/- along with interest @6% per annum from the date of filing of the claim application.

6. In the result, the appeal is disposed of with a direction to the Appellant-Insurance Company to deposit reduced compensation of Rs.50,000/- (rupees fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 29.9.1999 within a period of two months from today, where-after the same shall be disbursed in favour of the claimant-Respondent No.1 on such terms and proportion to be fixed by the Tribunal.

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 before this Court

with accrued interest thereon shall be refunded to the Appellant- Insurance Company.

8. The copies of the documents as produced by Mr. G.P. Dutta in course of hearing are kept on record.

( B.P. Routray) Judge

B.K. Barik