Orissa High Court
The Branch Manager vs Smt. Kamala Bhue And Others on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.362 of 2015
The Branch Manager, National
Insurance Company Ltd., Sambalpur ....
Appellant
Mr. S. Satpathy, Advocate
-versus-
Smt. Kamala Bhue and Others .... Respondents
Mr. P.K. Mishra on behalf of Mr. P.K. Routray,
counsel for Respondents 1 & 2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
19.5.2023
Order No.
09. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Satpathy, learned counsel for the insurer -
Appellant and Mr. P.K. Mishra on behalf of Mr. P.K. Routray, learned
counsel for the claimant - Respondents 1 & 2.
3. It is admitted at the Bar that the cost has been paid and
received.
4. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 15th October, 2014 of learned 3rd MACT,
Bargarh passed in MAC No.118/13 of 2009-14, wherein
compensation to the tune of Rs.2,94,000/- along with interest @ 6%
per annum from the date of filing of the claim application, i.e. 27th
August, 2009 has been granted on account of death of deceased
Nandalal Bhue in the motor vehicular accident dated 7th May, 2006.
5. Upon hearing both parties and considering all such grounds of
challenge advanced, a reduced compensation of Rs.2,50,000/- with
6% interest is proposed to the parties. This is agreed by Mr. Mishra,
learned counsel for the claimant - Respondents and Mr. Satpathy,
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 the appeal is disposed of with a direction to the
insurer - Appellant to deposit a reduced compensation of
Rs.2,50,000/- (two lakhs fifty thousand) before the tribunal along with
interest @ 6% per annum from the date of filing of the claim
application, i.e. 27th August, 2009, within a period of two months
from today; where-after the same shall be disbursed in favour of the
claimant - Respondents on such terms and proportion to be decided
by the learned 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.
7. The direction of the tribunal for payment of penal interest @
9% is waived.
8. The statutory deposit made by the appellant before this court
along with accrued interest thereof be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 23-May-2023 14:29:50
