Orissa High Court
M/S. Oriental Insurance Co. Ltd vs Smt. Rasmita Sahoo And Others on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.367 of 2019
M/s. Oriental Insurance Co. Ltd.,
represented through its Branch ....
Appellant
Manager
Mr. Somnath Roy, Advocate
-versus-
Smt. Rasmita Sahoo and Others .... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 to 4
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
9.5.2023
Order No.
I.A. No.817 of 2019
05. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Roy, learned counsel for the insurer - Appellant
and Mr. P.K. Mishra, learned counsel for claimant - Respondents.
3. Upon hearing both parties and considering the grounds
mentioned in the limitation application, the delay in filing the appeal
is condoned.
4. The I.A. is disposed of.
MACA No.367 of 2019
06. 5. Though the matter is listed for orders, but at the request of
learned counsels for both parties the same is taken up for final
disposal.
6. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 26th July, 2018 of learned 1st MACT,
Dhenkanal passed in MAC Case No.15 of 2015, wherein
compensation to the tune of Rs.34,72,000/- along with interest @ 7%
per annum from the date of filing of the claim application, i.e. 6th
February, 2015 has been granted on account of death of deceased
Priya Ranjan Mohapatra in the motor vehicular accident dated 7th
September, 2014.
7. Upon hearing both parties and considering all grounds of
challenge advanced, a reduced compensation of Rs.32,50,000/- with
6% interest is proposed to the parties. This is agreed by Mr. Mishra,
learned counsel for the claimants and Mr. Roy, learned counsel for the
insurer leaves it to the discretion of the court. Accordingly the
compensation amount is fixed to the said extent.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit the modified compensation amount of
Rs.32,50,000/- (thirty-two lakhs fifty thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 6th February, 2015, 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. However, as prayed on behalf of the
Appellant, it is open for the insurer to seek such right of recovery, if
recoverable, from the owner of the vehicle in accordance with law
after affording opportunity of hearing to the owner.
9. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
MANAS Digitally signed by
MANAS KUMAR PANDA
KUMAR Date: 2023.05.10
PANDA 17:27:52 +05'30'
