Divisional Manager vs Saebani Bag & Anr
2023 Latest Caselaw 6347 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa,Cuttack
Date: 18-May-2023 18:36:17


                                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     MACA No.75 of 2017

                               Divisional Manager, M/S. Oriental             ....       Appellant
                               Insurance Co.Ltd.
                                                                        Mr.M.Sinha, Advocate

                                                            -versus-

                               Saebani Bag & Anr.                       ....       Respondents
                                                     Mr. P.K.Behera, Advocate for Respondents

                                           CORAM:
                                           JUSTICE B. P. ROUTRAY
                                                          ORDER

17.05.2023 Order No.

06. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Sinha, learned counsel for the Appellant and Mr. Behera, learned counsel for claimants-Respondent.

3. Though the matter is listed for orders, but taken up for final disposal on the request of both parties

4. Present appeal by the Insurer is directed against judgment dated 9th December, 2016 of District Judge-cum-1st MACT, Kalahandi in M.A.C. Case No.01 of 2015, wherein compensation to the tune of Rs.1,90,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 8th March, 2014.

5. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.1,60,000/- along with interest @6% per annum is proposed to

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa,Cuttack Date: 18-May-2023 18:36:17

the parties in course of hearing. This is agreed by Mr. Behera, learned counsel for the claimants. Mr. Sinha, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs.1,60,000/- (One lakh sixty thousand) 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.

7. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the insurance company.

8. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

S.Das