Orissa High Court
The Manager (Legal) vs Prakash Chandra Swain And Others ... on 5 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.540 of 2020
MACA No.540 & 682 of 2020
The Manager (Legal), IFFCO TOKIO
General Insurance Co. Ltd., (In MACA No.540/2020)
Prakash Chandra Swain and Others (In MACA No.682/2020)
.... Appellants
Mr. A.A. Khan, Advocate (in MACA No.540/2020)
Mr. P.K. Mishra, Advocate (in MACA No.682/2020)
-versus-
Prakash Chandra Swain and Others (In MACA No.540/2020)
Bikash Gadanaik and Another (In MACA No.682/2020)
.... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 to 5
(in MACA No.540/2020)
Mr. A.A. Khan, counsel for Respondent No.2
(in MACA No.682/2020)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
5.5.2023
Order No.
06. 1. The matters are taken up through hybrid mode.
2. Heard Mr. A.A. Khan, learned counsel for the insurer and Mr.
P.K. Mishra, learned counsel for the claimants.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. The appeals are against judgment dated 6th January, 2020 of
learned 1st MACT, Puri passed in MAC Case No.202 of 2014,
wherein compensation to the tune of Rs.82,39,000/- along with
interest @ 7% per annum from the date of filing of the claim
application, i.e. 19th June, 2014 has been granted on account of death
of deceased Biswa Ranjan Swain in the motor vehicular accident
dated 23rd February, 2014.
5. MACA No.540 of 2020 has been filed by the insurance
company challenging the award. MACA No.682 of 2020 has been
filed by the claimants for enhancement of the compensation amount.
The challenge from both sides is concentrated on quantification of
compensation amount dependent on the income of deceased.
6. Upon hearing both parties and considering all such grounds of
challenge advanced by them, and considering the I.T. Returns filed
for the Assessment Years 2011-12 to 2014-15, a reduced
compensation of Rs.75,00,000/- with 6% interest is proposed to the
parties. This is agreed by Mr. Mishra, learned counsel for the
claimants and Mr. Khan, learned counsel for the insurer leaves it to
the discretion of the court. Accordingly the compensation amount is
fixed to the said extent.
7. In the result both the appeals are disposed of with a direction to
the insurance company, i.e., IFFCO TOKIO General Insurance
Company Ltd. to deposit the modified compensation amount of
Rs.75,00,000/- (seventy five lakhs) before the tribunal along with
interest @ 6% per annum from the date of filing of the claim
application, i.e. 19th June, 2014, 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 insurer - Appellant in MACA
No.540 of 2020 before this court along with accrued interest 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 KUMAR MANAS KUMAR PANDA
PANDA Date: 2023.05.05
15:32:25 +05'30'
