Sasmita Swain & Ors vs Md. Azad & Anr
2023 Latest Caselaw 4767 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                          MACA No.794 of 2018 & MACA No.57 of 2019

                 MACA No. 794 of 2018
                 Sasmita Swain & Ors.                        ....       Appellants
                                                        Mr. P.K.Mishra, Advocate
                                             -versus-
                 Md. Azad & Anr..                            ....     Respondents
                                        Mr. B.C.Singh, Advocate for Respondents

                 MACA No.57 of 2019
                 New India Assurance Co.Ltd.                 ....        Appellant
                                                         Mr. B.C.Singh, Advocate
                                             -versus-
                 Sasmita Swain & Ors.                        ....     Respondents
                                                        Mr. P.K.Mishra, Advocate


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

01.05.2023 Order No.

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

2. Heard Mr.Mishra, learned counsel for the Claimant-Appellants and Mr.Singh, learned counsel for the Insurer.

3. Both the appeals being arise out of the same judgment dated 18th April, 2018 passed by 7th Motor Accident Claims Tribunal, Bhubaneswar in MAC Case No. 424 of 2015, wherein compensation to the tune of Rs.8,54,000/- was granted along with interest @ 7 % per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on

1st June, 2015, are heard together and disposed of by this common order.

4. Upon hearing both parties and considering all such grounds of challenge advanced in both appeals, an enhanced compensation of Rs.10,00,000/- along with interest @6% is proposed to the parties in course of hearing. This is agreed by Mr. Mishra, learned counsel for the claimants. Mr.Singh, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit the modified compensation of Rs.10,00,000/- (Ten 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 claimants on such terms and proportion to be fixed by the Tribunal.

6. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No. 57 of 2019 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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

                                                       ( B.P. Routray)
                                                            Judge


S.Das



SANGRA    Digitally signed by
          SANGRAM DAS

M DAS     Date: 2023.05.02
          18:12:12 +05'30'