Orissa High Court
New India Assurance Co. Ltd vs Dipak Raul And Another on 2 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.59 of 2020 & MACA No.23 of 2020
In MACA No.59 of 2020
New India Assurance Co. Ltd. .... Appellant
Mr. S.S. Rao, Advocate
-versus-
Dipak Raul and another .... Respondents
Mr. P.K. Mishra, Advocate for Respondent No.1
In MACA No.23 of 2020
Dipak Raul .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
Rabi Raul and another .... Respondents
Mr. S.S. Rao, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
02.05.2023
Order No.
09. 1. Heard Mr. S.S. Rao, learned counsel for the Insurance
Company and Mr. P.K. Mishra, learned counsel for the claimant.
2. Both the appeals being arise out of same impugned judgment
dated 03.10.2019 of learned 3rd MACT, Bhubaneswar in M.A.C.
Case No.298 of 2017, wherein compensation to the tune of
Rs.4,92,200/- has been granted along with interest @7% per
annum to the claimant from the date of filing of the claim
application, i.e. 26.12.2017 on account of injury sustained by him
in motor vehicular accident dated 3.8.2017, are heard together
and disposed of by this common order.
3. MACA No.59 of 2020 has been filed by the insurer
challenging the award and MACA No.23 of 2020 has been filed
by the claimant praying for enhancement of the compensation
amount.
4. Mr. S.S. Rao, learned counsel submits on behalf of the insurer
that there is material suppression of facts by the injured since as
per the medical treatment papers the motorcycle in which the
injured was travelling as a pillion rider dashed against another
motorcycle and not against the road divider as per their case.
5. This above submission put-forth by Mr. Rao is rejected
outright in absence of any evidence led or pleadings made to that
effect. So far as the facts stated to have endorsed in the medical
document is concerned, the same has not been brought on record.
6. On the question of quantum of compensation, considering all
such grounds advanced by both parties, a modified compensation
of Rs.6,00,000/- along with interest @6% per annum is proposed
to the parties in course of hearing. Mr. P.K. Mishra, learned
counsel for the claimant agrees to the same and Mr. S.S. Rao,
learned counsel for the Insurance Company leaves it to the
discretion of the Court. The compensation amount is accordingly
fixed to that extent.
7. In the result, both the appeals are disposed of with a direction
to the insurer i.e. New India Assurance Co. Ltd. to deposit the
modified compensation amount of Rs.6,00,000/- (rupees six
lakhs) before the Tribunal along with interest @6% per annum
from the date of filing of the claim application, i.e. 26.12.2017,
within a period of two months from today; where-after the same
shall be disbursed in favour of the claimant on such terms and
proportion to be fixed by the Tribunal. However, the direction for
payment of penal interest is waived.
8. 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.59 of
2020 before this Court with accrued interest thereon shall be
refunded to the Insurance Company.
( B.P. Routray)
Judge
BASANTA Digitally signed by
BASANTA KUMAR
B.K. Barik
KUMAR BARIK
Date: 2023.05.03
BARIK 19:14:21 +05'30'
