Divisional Manager vs Bhagbati Majhi And Others
2023 Latest Caselaw 2086 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.1232 of 2018
                Divisional Manager, Oriental                 ....          Appellant
                Insurance Co. Ltd.
                                                         Mr. S. Satapathy, Advocate
                                              -versus-
                Bhagbati Majhi and others               ....      Respondents
                          Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY
                                           ORDER

13.03.2023 Order No.

04. 1. Heard Mr. S. Satapathy, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 3-claimants.

2. Present appeal by the insurer is directed against the judgment dated 12.09.2018 of learned M.A.C.T., Bargarh in M.A.C. No.67 of 2013, wherein compensation to the tune of Rs.33,15,944/- has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e.13.08.2013 on account of death of the deceased in the motor vehicular accident dated 22.06.2013.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.32,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. S. Satapathy, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the

Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.32,00,000/- (rupees thirty-two lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 13.08.2013 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 to 3 on such terms and proportion to be fixed by the Tribunal.

5. On deposit of the award amount before the 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.

6. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik