Motirani Hati And Others vs Ashok Kumar Das And Another
2023 Latest Caselaw 5153 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                MACA No.1047 of 2018 & MACA No.1069 of 2018

             In MACA No.1047 of 2018
            Motirani Hati and others                  ....         Appellants
                                                  Mr. P.K. Mishra, Advocate
                                    -versus-
            Ashok Kumar Das and another          ....       Respondents
                        Mr. P.K. Mohanty, Advocate for Respondent No.2

            In MACA No.1069 of 2018
            Oriental Insurance Co. Ltd.             ....         Appellant
                                              Mr. P.K. Mohanty, Advocate
                                       -versus-
            Motirani Hati and others                ....      Respondents
                      Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

04.05.2023 Order No.

12. 1. Heard Mr. P.K. Mishra, learned counsel for the claimants and Mr. P.K. Mohanty, learned counsel for the Insurance Company.

2. Both the appeals being arise out of same impugned judgment dated 29.06.2018 of learned 7th MACT, Bhubaneswar in M.A.C. Case No.144 of 2016, wherein compensation to the tune of Rs.7,98,000/- has been granted along with simple interest @7% per annum to the claimants from the date of filing of the claim application, i.e. 27.08.2016 on account of death of the deceased,

namely, Bhaskar Hati in motor vehicular accident dated 17.04.2016, are heard together and disposed of by this common order.

3. MACA No.1069 of 2018 has been filed by the insurer challenging the award and MACA No.1047 of 2018 has been filed by the claimants praying for enhancement of the compensation amount.

4. Upon hearing both the parties and considering all such grounds advanced, a modified compensation of Rs.7,25,000/- along with interest @6% per annum is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. P.K. Mohanty, learned counsel for the Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

5. In the result, both the appeals are disposed of with a direction to the insurer i.e. Oriental Insurance Company Limited to deposit the modified compensation amount of Rs.7,25,000/- (rupees seven lakhs twenty-five thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 27.08.2016, 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. 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.1069 of 2018 before this Court with accrued interest thereon shall be refunded to the Insurance Company.

                                                                        ( B.P. Routray)
                                                                             Judge




BASANT Digitally    signed
           by BASANTA
    B.K. Barik
A KUMAR    KUMAR   BARIK
           Date: 2023.05.05
BARIK      09:56:00 +05'30'