Bajaj Allianz General Insurance vs Shakti Sahu And Another
2023 Latest Caselaw 2081 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.748 of 2018
            Bajaj Allianz General Insurance
            Company Ltd., through its Legal             ....           Appellant
            Manager, Bhubaneswar
                                                    Mr. A.A. Khan, Advocate
                                         -versus-
            Shakti Sahu and Another                ....       Respondents
                          Ms. Pratima Nayak, counsel for Respondent No.1
                          CORAM:
                          SHRI JUSTICE B. P. ROUTRAY
                                       ORDER

13.3.2023 Order No.

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

2. Heard Mr. A.A. Khan, learned counsel for the insurer - Appellant and Ms. P. Nayak, learned counsel for claimant - Respondent No.1.

3. Though the matter is listed for orders but at the request of learned counsel for both parties the same is taken up for final disposal.

4. Present appeal by the insurer is directed against the impugned judgment dated 23rd April, 2018 of learned District Judge-cum- MACT, Bargarh passed in MAC No.93 of 2016, wherein compensation to the tune of Rs.14,14,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 16th September, 2016 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 13th June, 2014.

5. Upon hearing both parties and considering all such grounds of challenge, a reduced compensation of Rs.13,50,000/- with 6% interest is proposed to the parties. This is agreed by Ms. P. Nayak, learned counsel for the injured - claimant and Mr. A.A. Khan, 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 the appeal is disposed of with a direction to the insurer - Appellant to deposit a reduced compensation of Rs.13,50,000/- (thirteen lakhs fifty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 16th September, 2016, within a period of two months from today, where-after the same shall be disbursed in favour of the injured - claimant - Respondent No.1 on such terms and proportion to be decided by learned tribunal.

7. The statutory deposit made by the insurer - Appellant 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