The Divisional Manager vs Sabita Behera And Others
2023 Latest Caselaw 2492 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1075 of 2016
                 The Divisional Manager, New India            ....        Appellant
                 Assurance Co. Ltd.
                                                        Mr. P.K. Panda, Advocate
                                             -versus-
                 Sabita Behera and Others                     ....     Respondent
                           Mr. P.K. Mishra, counsel for Respondents 1 to 3 and 5

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

28.3.2023 Order No. Misc. Case No.1984 of 2016

09. 1. The matter is taken up through hybrid mode.

2. Heard Mr. P.K. Panda, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents.

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

4. The Misc. Case is disposed of.

MACA No.1075 of 2016

10. 5. Though the matter is listed for orders but at the request of both parties the same is taken up for final hearing.

6. Heard learned counsel for the parties.

7. Present appeal by the insurer is directed against the impugned judgment dated 15th September, 2015 of learned 1st MACT, Dhenkanal passed in MAC Case No.136 of 2012, wherein compensation to the tune of Rs.6,70,500/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 15th May, 2012 has been granted on account of death of deceased Biranchi @ Prabhas Behera in the motor vehicular accident dated 3rd October, 2011.

8. It is submitted that Respondent No.4 died in the meantime on 3rd October, 2015 and since all other LRs of the deceased are on record his name may be deleted. Accordingly the name of Respondent No.4, namely Dandadhar Behera is deleted.

9. The entire dispute is on the quantum of compensation. Upon hearing both parties I do not find any ground to interfere with the quantification made by the tribunal and the amount of compensation so assessed by the tribunal is confirmed. However, the rate of interest is reduced to 6% from 7.5%.

10. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the entire awarded compensation of Rs.6,70,500/- (six lakhs seventy thousand five hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 15th May, 2012, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents 1, 2, 3 and 5, namely Sabita Behera, Swagatika Behera, Rakesh Behera and Madhi Behera on such terms and proportion to be decided by the learned tribunal.

11. Upon deposit of the awarded amount along with interest the statutory deposit made before this court along with accrued interest thereof and the invalidated cheques deposited before the learned tribunal shall be returned back to the Appellant on proper application.

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

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