The Divisional Manager vs Pradeep Jena And Others
2023 Latest Caselaw 2083 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.966 of 2019
            The Divisional Manager, The New
            India Assurance Company Ltd.                ....         Appellant
                                                     Mr. A.A. Khan, Advocate
                                          -versus-
            Pradeep Jena and Others                     ....      Respondents
                           Mr. Debasish Patnaik, counsel for Respondent No.2

                          CORAM:
                          SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

13.3.2023 Order No.

I.A. No.491 of 2020

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

2. Heard Mr. A.A. Khan, learned counsel for the insurer - Appellant and Mr. D. Patnaik, learned counsel for claimant - Respondent No.2.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

MACA No.966 of 2019

05. 5. 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.

6. It is submitted that Respondent No.1 died in the meantime and Respondent No.2 being the sole LR of the deceased, no further substitution is required.

Accordingly, the name of Respondent No.1, namely Pradeep Jena is deleted.

7. Present appeal by the insurer is directed against the impugned judgment dated 28th March, 2019 of learned 1st MACT, Kendrapara passed in MAC No.37 of 2013, wherein compensation to the tune of Rs.6,93,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th February, 2013 has been granted on account of death of deceased Debansu Jena in the motor vehicular accident dated 5th February, 2013.

8. Upon hearing both parties and considering all such grounds of challenge, a reduced compensation of Rs.6,50,000/- with 6% interest is proposed to the parties. This is agreed by Mr. D. Patnaik, learned counsel for the claimants 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.

9. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit a reduced compensation of Rs.6,50,000/- (six lakhs fifty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th February, 2013, within a period of two

months from today, where-after the same shall be disbursed in favour of the claimant - Respondent No.2, namely Tarini Jena on such terms and proportion to be decided by learned tribunal.

10. 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.

11. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda