Divisional Manager vs Smt. Nirmala Sahu & Others
2023 Latest Caselaw 5917 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 M.A.C.A No. 438 of 2021


                     Divisional Manager
                     M/s. Oriental Insurance Co. Ltd.    ....             Appellant
                              Mr. Subrat Satpathy, Advocate for the Insurance Co.
                                               -versus-
                     Smt. Nirmala Sahu & Others          ....          Respondents
                                                      Mr. Biranchi Narayan Rath,
                                                        Advocate for respondents


                               CORAM:
                               JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 13.05.2023

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

2. The claimants-family members approached the 1st Motor Accidents Claims Tribunal, Mayurbhanj, Baripada under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of on account of death of Ramdeo Prasad Sahu in a road accident owing to rash and negligent driving of offending vehicle-van bearing registration No.OR-11-J-2318 by way of an application which was registered as MAC Case No.43 of 2016.

3. Vide Judgment dated 02.09.2021, said matter got disposed of with award of compensation to the tune of Rs.8,50,800/- (rupees eight lakhs fifty thousand eight hundred only) with interest @ 7% per annum from 01.03.2016 till actual payment. It was directed for deposit of certain amount and certain amount was also directed to be disbursed in cash.

4. Challenging said award, the Oriental Insurance Co. Ltd. approached this Court in appeal which was registered as MACA No.438 of 2021.

5. With the consent of learned counsel for the Appellant 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.8,50,800/- to Rs.8,00,000/- (Rupees Eights Lakhs 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 of Rs.8,00,000/- (Rupees Eight Lakhs only) along with interest shall be deposited before the learned Tribunal within two months hence, which shall be disbursed to the claimants proportionately by modifying the amount of fixed deposit, as per 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 and interest before the Tribunal.

7. Accordingly, MACA is disposed of.

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

(Murahari Sri Raman, J.) Signature Not Verified 2nd National Lok Adalat Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Laxmikant Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-May-2023 11:06:06