Divisional Manager vs Chunuram Digar And Others
2023 Latest Caselaw 5052 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.268 of 2019

            Divisional Manager,
            United India Insurance Co. Ltd.               ....         Appellant
                                                      Mr.S.Satpathy, Advocate

                                           -versus-

            Chunuram Digar and others             ....     Respondents
                     Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 3

                           CORAM:
                           JUSTICE B. P. ROUTRAY

                                         ORDER

3.5.2023 Order No.

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

2. Heard Mr.Satpathy, learned counsel for the Appellant- Insurer and Mr.Mishra, learned counsel for claimants-Respondent No.1 to 3.

3. Present appeal by the Insurer is directed against judgment dated 22nd December, 2018 of the 1st M.A.C.T., Mayurbhanj, Baripada in M.A.C. No.39 of 2017, wherein compensation to the tune of Rs.8,11,172/- has been granted along with interest @7% 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 on 12th March, 2017.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,30,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mishra,

learned counsel for the claimants. Mr.Satpathy, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.7,30,000/-(Seven lakhs thirty thousand) 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. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge CHITTA Digitally signed by CHITTA C.R.Biswal RANJAN RANJAN BISWAL Date: 2023.05.04 BISWAL 17:16:25 +05'30'