Divisional Manager vs Pramod Kumar Pradhan And Another
2023 Latest Caselaw 2126 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.683 of 2022

            Divisional Manager, National
            Insurance Co. Ltd.                    ....        Appellant
                                       Mr.Bijoy Dasmohapatra, Advocate

                                         -versus-

            Pramod Kumar Pradhan and another    ....       Respondents
                          Mr.P.K.Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

14.3.2023 Order No.

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

2. Heard Mr.Dasmohapatra, learned counsel for the Appellant-Insurer and Mr.Mishra, learned counsel for claimant- Respondent No.1.

3. Present appeal by the Insurer is directed against the judgment dated 21st May, 2022 of the 1st MACT-cum-District Judge, Dhenkanal in MAC No.183 of 2018, wherein compensation to the tune of Rs.15,70,230/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident on 13th July, 2018.

4. Mr.Dasmohapatra contends that the offending vehicle i.e. Activa Scooter bearing Registration No.OD-06-C-2305 has been falsely implicated in the accident though the same was not

involved. Mr.Dasmohapatra draws support to his contention from delayed lodging of the FIR.

5. It is seen that police upon completion of investigation has submitted the charge-sheet against accused driver of the offending vehicle. The evidence of both the eyewitnesses including the injured is thus sufficiently corroborated from the copies of the police papers. Furthermore, delay in lodging the F.I.R. has been explained in the contents of the F.I.R. itself. Therefore no such point is seen in favour of the Insurer to disbelieve involvement of the offending vehicle in the accident.

6. With regard to quantum of compensation, considering all such grounds of challenge advanced, a reduced compensation of Rs.14,00,000/-(Fourteen lakhs) along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimant. Mr.Dasmohapatra, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

7. The Insurer-Appellant is directed to deposit reduced compensation of Rs.14,00,000/-(Fourteen lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

8. With aforesaid modification in the compensation amount, the appeal is disposed of.

9. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application

and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge C.R.Biswal