The Branch Manager vs Rebati Jena And Others (In Maca ...
2023 Latest Caselaw 5554 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.246 of 2018
                 MACA No.246 & 849 of 2018
                 The Branch Manager, M/s. Reliance
                 General Insurance Co. Ltd.,       (In MACA No.246/2018)
                 Rebati Jena and Another                (In MACA No.849/2018)
                                                            ....       Appellants
                            Mr. G.P. Dutta, Advocate (in MACA No.246/2018)
                          Ms. D. Mohapatra, Advocate (in MACA No.849/2018)
                                             -versus-
                 Rebati Jena and Others                 (In MACA No.246/2018)
                 Laxmipriya Mohanty and Another         (In MACA No.849/2018)
                                                            ....    Respondents
                              Ms. D. Mohapatra, counsel for Respondents 1 & 2
                                                     (in MACA No.246/2018)
                                 Mr. G.P. Dutta, counsel for Respondent No.2
                                                    (in MACA No.849/2018)
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

9.5.2023 Order No.

06. 1. The matters are taken up through hybrid mode.

2. Heard Mr. G.P. Dutta, learned counsel for the insurer and Ms. D. Mohapatra, 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 28th November, 2017 of learned 4th MACT, Berhampur passed in MAC Case No.151 of 2016, wherein compensation to the tune of Rs.30,31,640/- along with

interest @ 8% per annum from the date of filing of the claim application, i.e. 18th May 2016 has been granted on account of death of deceased Janmajaya Jena in the motor vehicular accident dated 16th December, 2015.

5. Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a modified compensation of Rs.34,00,000/- with 6% interest is proposed to the parties. This is agreed by Ms. Mohapatra, learned counsel for the claimants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

6. In the result both the appeals are disposed of with a direction to the insurance company, i.e., Reliance General Insurance Company Ltd. to deposit the modified compensation amount of Rs.34,00,000/- (thirty-four lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th May, 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 decided by learned tribunal.

7. The statutory deposit made by the insurer - Appellant in MACA No.246 of 2018 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.

8. 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: 2023.05.10 17:25:53