Divisional Manager vs Ghaneswari Meher And Others
2023 Latest Caselaw 2087 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.425 of 2022
                 Divisional Manager, Sriram General           ....         Appellant
                 Insurance Company Ltd.
                                                           Mr. A.A. Khan, Advocate
                                          -versus-
                 Ghaneswari Meher and others           ....      Respondents
                         Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4
            .


                             CORAM:
                             JUSTICE B. P. ROUTRAY
                                               ORDER

13.03.2023 Order No. I.A. No.1061 of 2022

04. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 4-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

MACA No.425 of 2022

4. Present appeal by the insurer is directed against the judgment dated 13.05.2022 of learned 2nd M.A.C.T., Northern Division, Sambalpur in M.A.C. Case No.22 of 2012 (Sambalpur), wherein compensation to the tune of Rs.9,25,688/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application, i.e.8.2.2012 on account of

death of the deceased in the motor vehicular accident dated 21.08.2011.

5. Upon hearing both the parties and considering the grounds of challenge advanced including the submission that the offending vehicle did not have a valid permit on the date of accident, this Court proposes to modify the compensation of Rs.8,35,000/- along with 6% interest with right of recovery in favour of the insurer subject to proof of his contention. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same. Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company agrees for such right of recovery extended in favour of the insurer and with regard to quantum of compensation leaves the same to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.8,35,000/- (rupees eight lakhs thirty-five thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.08.2.2012 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 to 4 on such terms and proportion to be fixed by the Tribunal.

7. As stated above, it is open for the Appellant to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

8. 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.

9. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge

B.K. Barik