Divisional Manager vs Debaki Mahanta & Ors
2023 Latest Caselaw 5768 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA Nos.98 & 681 of 2019

                 MACA No. 98 of 2019
                 Divisional Manager, M/S. National          ....         Appellant
                 Insurance Co.Ltd.
                                                        Mr. P.K.Mahali, Advocate
                                             -versus-
                 Debaki Mahanta & Ors.                      ....      Respondents
                                       Mr.P.K.Mishra, Advocate for Respondents

                 MACA No.681 of 2019
                 Debaki Mahanta & Anr.                      ....        Appellants
                                                        Mr.P.K.Mishra, Advocate
                                             -versus-
                 Sadhna Patnayak & Anr.                     ....      Respondents
                                                        Mr. P.K.Mahali, Advocate


                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

11.05.2023 Order No.

04. 1. The matter is taken up through hybrid mode.

2. Heard Mr.Mahali, learned counsel for the Appellant and Mr.Mishra, learned counsel for the claimants.

3. Both the appeals being arise out of the same judgment dated 5th August, 2019 passed by 1st Motor Accident Claims Tribunal, Keonjhar in MAC Case No. 177 of 2017, wherein compensation to the tune of Rs.46,15,000/- was granted along with interest @ 6 % per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on

14th July, 2017, are heard together and disposed of by this common order.

4. Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a reduced compensation of Rs.42,00,000/- 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. Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 42,00,000/- (Forty two lakhs) along with interest @ 6% per annum with effect 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. 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.

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. 98 of 2020 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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

                                                           ( B.P. Routray)
                                                                Judge
S.Das


   SANGRAM    Digitally signed by
              SANGRAM DAS

   DAS        Date: 2023.05.12
              14:44:14 +05'30'