Orissa High Court
The Legal Manager vs Nityananda Swain And Another on 12 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.239 of 2023
The Legal Manager, .... Appellant
M/s. Oriental General Insurance
Company Ltd.,
Bhubaneswar.
Mr. N.B. Das, Advocate
-versus-
Nityananda Swain and another .... Respondents
Mr. P.K. Mishra, Advocate
for R-1
Mr. P.C. Jena, for R-2.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 12.10.2023
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr. N.B. Das, learned counsel appearing for the
Appellant-Insurer and Mr. P.K. Mishra, learned counsel
appearing for the Respondent No.1-Claimant. Perused the
appeal memo as well as materials on record.
3. The present appeal has been filed by the Appellant-Insurer
challenging the award/judgment dated 23.12.2022 passed by the
learned Additional District Judge-cum-5th MACT, Athgarh in
MAC Case No.44 of 2020.
4. Learned counsel for the Appellant, at the outset, submitted
that the quantum of compensation awarded by the Tribunal is on
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the higher side and the same is not inconformity with the
established income of the injured. In such view of the matter,
learned counsel for the Appellant drawing attention of this Court
to the evidence with regard to the income submitted before this
Court that the same is required to be varied.
5. Learned counsel for the Respondent, on the other hand,
contended that the Tribunal has not committed any illegality
while passing the award. He further contended that while
passing the impugned order the learned Tribunal has taken note
to all aspects of the matter as well as the evidence on record.
Accordingly, the Tribunal has rightly awarded a sum of
Rs.2,38,964/- along with the interest @ 6%. Hence it is
submitted before this Court that the award passed by the
Tribunal needs no interference.
6. This Court on a consideration of the submissions made by
the learned counsels appearing for the respective parties and on
a careful scrutiny of the award passed by the Tribunal is of the
view that the quantum of compensation appears to be on the
higher side. Accordingly, this Court proposed the parties to
modify the quantum of compensation only and, accordingly, it is
suggested that the quantum of compensation would be a sum of
rupees two lakhs along with interest awarded @ 6% by the
Tribunal.
7. Learned counsel for the Claimant agreed to the quantum
of compensation suggested by this Court.
8. Learned counsel for the Insurance Company, on the other
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hand, left it to the discretion of this Court.
9. Considering the aforesaid aspects and keeping in view the
materials on record as well as the factual background of the
preset case, this Court deems it proper that a total compensation
amount of a consolidate sum of Rs.2,00,000/- (Rupees two
lakhs) along with interest @ 6% from the date of application till
the payment is made would be just and fair. However, the penal
interest awarded by the Tribunal is hereby set aside.
10. In view of the aforesaid observation, the award dated
23.12.2022 is modified to the aforesaid extent. Further, with a
right of recovery to the Appellant-Insurance Company. Further,
it is made clear that if the amount is recoverable, the same shall
be recovered in accordance with law.
11. It is further clarified that on production of receipt with
regard to the payment of compensation amount to the Claimant
before the Tribunal, the Registry of this Court shall do well to
release the statutory deposit along with interest in favour of the
Appellant-Insurer.
12. With the aforesaid observation and direction, the appeal
stands disposed of.
( A.K. Mohapatra)
Judge
Signature Not Verified
Debasis
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 17-Oct-2023 17:36:00
