Orissa High Court
M/S. National Insurance Co. Ltd vs Hemanta Kumar Mishra And Others on 2 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.208 of 2018
M/s. National Insurance Co. Ltd.,
represented through Officer-in-Charge, ....
Appellant
Orissa Legal Cell, Cuttack
Mr. A.K. Ray, Advocate
-versus-
Hemanta Kumar Mishra and Others .... Respondents
Mr. R.K. Nayak, counsel for Respondents 1 to 3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
2.5.2023
Order No.
Misc. Case No.305 of 2018
02. 1. The matter is taken up through hybrid mode.
2. Since the court fee has already been deposited in the meantime,
the same be accepted on record. The Misc. Case is disposed of.
Misc. Case No.434 of 2018
03. 3. Heard Mr. A.K. Ray, learned counsel for the insurer -
Appellant and Mr. R.K. Nayak, learned counsel for claimant -
Respondents.
4. Upon hearing both parties and considering the grounds
mentioned in the limitation petition the delay in filing the appeal is
condoned.
5. The Misc. Case is disposed of.
MACA No.208 of 2018
04. 6. Though the matter is listed for orders but at the request of both
parties the same is taken up for final hearing.
7. Heard learned counsel for both parties.
8. Present appeal by the insurer is directed against the impugned
judgment dated 12th September, 2017 of learned 2nd MACT, (Southern
Division), Berhampur, Ganjam passed in MAC Case No.501 of 2011,
wherein compensation to the tune of Rs.5,55,000/- along with interest
@ 6% per annum from the date of filing of the claim application, i.e.
26th April, 2006 has been granted on account of death of deceased
Suresh Kumar Mishra in the motor vehicular accident dated 29th
January, 2000.
9. Upon hearing both parties and considering all such ground of
challenge advanced a reduced compensation of Rs.4,00,000/- with 6%
interest is proposed to the parties. This is agreed by Mr. R.K. Nayak,
learned counsel for the claimants and Mr. Ray, learned counsel for the
insurer leaves it to the discretion of the court. Accordingly, the
compensation amount is fixed to the said extent. It is to be noted here
that the claimants have not preferred any appeal though future
prospect has not been added to the income of the deceased.
10. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit a reduced compensation of
Rs.4,00,000/- (four lakhs) before the tribunal along with interest @
6% per annum from the date of filing of the claimant application, i.e.
26th April, 2006, within a period of two months from today; where-
after the same shall be disbursed in favour of the claimant -
Respondents on such terms and proportion to be decided by the
learned tribunal.
11. The statutory deposit made by the appellant before this court
along with accrued interest thereof be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
12. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
MANAS Digitally signed by
MANAS KUMAR PANDA
KUMAR Date: 2023.05.03
PANDA 18:13:02 +05'30'
