Divisional Manager vs Bijay @ Baju Naik & Others
2023 Latest Caselaw 5906 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 M.A.C.A No. 642 of 2019

                     Divisional Manager,                ....             Appellant
                     M/s. Oriental Insurance Co. Ltd.
                                                   Mr. Santosh Kumar Mohanty,
                                            Advocate for the Insurance Company
                                              -versus-
                     Bijay @ Baju Naik & Others         ....          Respondents
                                                      Mr. Biranchi Narayan Rath,
                                              Advocate for respondent Nos.1 & 2


                               CORAM:
                               JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 13.05.2023

09. 1. This case is taken up in the 2nd National High Court Level Lok Adalat.

2. The claimants-sons of deceased Gumi Naik approached the 4th Motor Accidents Claims Tribunal, Mayurbhanj, Baripada under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of said Gumi Naik in a road accident while travelling from Bisoi to Rourkela by a bus bearing registration No. OR-09D-9637, which dashed against a dumper as a result of which she succumbed to severe injuries by way of an application which was registered as MAC Case No.42/167 of 2013-09.

3. Vide Judgment dated 20.04.2019, said matter got disposed of with award of compensation to the tune of Rs.1,52,500/- (rupees one lakh fifty-two thousand five hundred only) to each of the claimants, namely Sri Bijay @ Baju Naik and Sri Balia Naik with interest @ 7% per annum from the

date of filing of application, i.e., 11.08.2009 till date of actual payment. It was further directed that out of the awarded amount of Rs.1,52,500/- to both the claimants, 80% of said amount, i.e., Rs.1,22,000/- is required to be kept in fixed deposit in Nationalised Bank for a period of six months in the name of both the petitioners in equal proportion.

4. Challenging said award, the Oriental Insurance Co. Ltd. approached this Court in appeal which was registered as MACA No.642 of 2019.

5. With the consent of learned counsel for the respondents and on concession of the Officers of the Insurance Company, who were present today before this Lok Adalat through virtual mode, it was agreed to between the parties for reduction of the awarded compensation amount of Rs.1,52,500/- is reduced to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), which shall be payable to the claimants along with interest @ 6% per annum from the date of filing of the claim application. The said amount shall be deposited before the learned Tribunal within two months hence, which shall be disbursed to the claimants, in terms of the direction of the learned Tribunal given in the impugned award.

6. The statutory amount deposited in the Registry of this Court along with the accrued interest thereon shall be refunded to the appellant-Insurance Company, on filing of receipt showing deposit of the modified/settled compensation amount along with interest before the Motor Accidents Claims Tribunal.

7. Accordingly, MACA is disposed of.

8. Urgent certified copy of this order be granted as per rules.

(Murahari Sri Raman, J.) 2nd National Lok Adalat

Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2023 15:41:21