Divisional Manager vs Lochani Bewa @ Dalpati & Ors
2023 Latest Caselaw 4768 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.369 of 2013

            Divisional Manager, ICICI Lombard          ....        Appellant
            General Insurance Co.Ltd.
                                                    Mr.A.A.Khan, Advocate

                                         -versus-

            Lochani Bewa @ Dalpati & Ors.              ....     Respondents
                                                      Mr.D.Mund, Advocate


                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                       ORDER

01.05.2023 Order No.

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

2. Heard Mr. Khan, learned counsel for the Appellant and Mr. Mund, learned counsel for Respondents.

3. It is submitted that Respondent No.3 died in the meantime leaving other Claimant-Respondents as the LRs of deceased. Accordingly the name of Respondent No.3, Pramod Dalpati, is deleted.

3. Present appeal by the Insurer is directed against judgment dated 23rd February, 2013 of Additional District Judge- cum-3rd M.A.C.T., Kalahandi in MAC No.70/37 of 2009-12, wherein compensation to the tune of Rs.3,50,000/- has been granted along with interest @5% per annum with effect from the

date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 5th January, 2009.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a modified consolidated compensation of Rs.3,85,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Mund, learned counsel for the claimants. Mr.Khan, 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 consolidated compensation of Rs.3,85,000/- (Three lakhs eighty five thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant Nos. 1, 2, 4, 5 & 6(Lochani Bewa @ Dalpati, Subash Dalpati, Sashi Dalpati, Sasmita Dalpati and Padu Dalpati) on such terms and proportion to be fixed by the Tribunal.

6. Mr. Mund submits on behalf of the Claimants that substantial amount may be released in favour of the Claimants without keeping in fixed deposits since the claimants are in need of money. This prayer of the Claimants shall be considered by leanred Tribunal.

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

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

                                                         ( B.P. Routray)
                                                            Judge

    S.Das



SANGRAM     Digitally signed by
            SANGRAM DAS

DAS         Date: 2023.05.02 18:09:42
            +05'30'