Orissa High Court
National Insurance Company ... vs Ashok Kumar Maity And Another on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.47 of 2019
National Insurance Company Limited .... Appellant
Mr. C.R. Swain, Advocate
-versus-
Ashok Kumar Maity and another .... Respondents
Mr. A.K. Sahoo, Advocate for Respondent No.1
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
19.05.2023
Order No.
I.A. No.100 of 2019
04. 1. Heard Mr. C.R. Swain, learned counsel for the Appellant-
Insurance Company as well as Mr. A.K. Sahoo, learned counsel
for Respondent No.1-claimant.
2. Upon hearing both the parties and considering the grounds
mentioned in the limitation petition, the delay in filing the appeal
is condoned.
3. The I.A. is disposed of.
MACA No.47 of 2019
4. Though this matter was listed under heading "For Orders", but
the same is taken up for final disposal on the request of parties.
5. Present appeal by the insurer is directed against the judgment
dated 21.08.2018 of learned M.A.C.T.-III, Bhadrak in M.A.C.
No.83 of 2015, wherein compensation to the tune of
Rs.5,97,600/- has been granted along with interest @7% per
annum to the claimant from the date of filing of the claim
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Designation: SECRETARY
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-May-2023 14:54:46
application, i.e.22.6.2015 on account of injury sustained by him
in the motor vehicular accident dated 13/14.12.2014.
6. Upon hearing both the parties and considering all such grounds
of challenge advanced, a reduced compensation of Rs.5,00,000/-
along with 6% interest is proposed to the parties in course of
hearing. Mr. A.K. Sahoo, learned counsel for the claimant agrees
to the same and Mr. C.R. Swain, learned counsel for the
Appellant-Insurance Company leaves it to the discretion of the
Court. The compensation amount is accordingly fixed to that
extent.
7. In the result, the Appellant - Insurance Company is directed to
deposit reduced compensation of Rs.5,00,000/- (rupees five
lakhs) before the Tribunal along with interest @6% per annum
from the date of filing of the claim application, i.e.22.6.2015
within a period of two months from today; where-after the same
shall be disbursed in favour of the claimant-Respondent No.1 on
such terms and proportion to be fixed by the Tribunal.
8. 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 before this Court
with accrued interest thereon shall be refunded to the Appellant-
Insurance Company.
9. The MACA is disposed of with aforesaid directions.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Digitally Signed
Designation: SECRETARY
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-May-2023 14:54:46
