M/S.New India Assurance Company vs Upendra [email protected] And
2023 Latest Caselaw 2443 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.451 of 2022
                M/s.New India Assurance Company            ....           Appellant
                Ltd.
                                                        Mr. B.C. Singh, Advocate
                                         -versus-
                Upendra [email protected] and        ....      Respondents
                others
                         Mr. K.C. Nayak, Advocate for Respondent Nos.1 & 2
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY
                                           ORDER

27.03.2023 Order No.

03. 1. Heard Mr. B.C. Singh, learned counsel for the Appellant-

Insurance Company as well as Mr. K.C. Nayak, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment dated 23.03.2022 of learned 1st M.A.C.T., Boudh in M.A.C. No.06 of 2017, wherein compensation to the tune of Rs.8,38,800/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application, i.e.08.03.2017 on account of death of the deceased in the motor vehicular accident dated 30.01.2017.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.7,20,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. K.C. Nayak, learned counsel for the claimants agrees to the same and Mr. B.C. Singh, 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.7,20,000/- (rupees seven lakhs twenty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 08.03.2017 within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Respondent Nos.1 & 2 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