The Divisional Manager vs Dharanidhar Mallik And Another
2023 Latest Caselaw 5051 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                               MACA No.367 of 2020
            The Divisional Manager, Oriental
            Insurance Company Ltd.                       ....          Appellant
                                                     Mr. P.K. Mahali, Advocate
                                          -versus-
            Dharanidhar Mallik and Another               ....       Respondents
                                 Mr. P.K. Mishra, counsel for Respondent No.1

                        CORAM:
                        SHRI JUSTICE B. P. ROUTRAY
                                        ORDER

3.5.2023 Order No.

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

2. Heard Mr. P.K. Mahali, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 16th November, 2019 of learned 3rd MACT, Jajpur passed in MAC Case No.114 of 2012, wherein compensation to the tune of Rs.3,80,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 22nd November, 2012 has been granted on account of death of deceased Sanjukta Mallik in the motor vehicular accident dated 15th August, 2012.

4. Mr. Mahali submits that the claim application was though filed under Section 163-A of the MV Act, 1988, but learned tribunal has dealt with it as an application under Section 166 of the MV Act to determine the compensation amount.

5. No dispute is raised at the Bar regarding status of the claim application under Section 163-A of the MV Act. As such all such determination and exercise made by the learned tribunal treating the claim under Section 166 of the MV Act is set aside.

6. Considering the fact that the claimants are dependents of the deceased who died concerning a motor vehicular accident and keeping in mind all such principles mentioned under second Schedule of Section 163, the compensation amount is limited to Rs.2,73,500/-.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the modified compensation amount of Rs.2,73,500/- (two lakhs seventy-three thousand five hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 22nd November, 2012, 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 learned tribunal.

8. The statutory deposit made by the appellant - insurer before this court along with accrued interest thereof be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

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

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

                  Digitally signed by
MANAS       MANAS KUMAR PANDA
KUMAR PANDA Date: 2023.05.04 17:03:42
            +05'30'