The Divisional Manager vs Mangala Gouda And Another
2023 Latest Caselaw 10596 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.850 of 2011
                 The Divisional Manager, IFFCO
                 TOKIO General Insurance Co. Ltd.          ....           Appellant
                                                           Ms. R. Pati, Advocate
                                             -versus-
                 Mangala Gouda and Another                 ....        Respondents
                                                                  None is present

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

1.9.2023 Order No.

09. 1. The matter is taken up through hybrid mode.

2. Heard Ms. R. Pati, learned counsel for the insurer - Appellant. None appears on call for the Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned common judgment dated 20th September, 2011 of learned 4th MACT, Aska Circuit, Ganjam passed in respect of MAC Case No.113 of 2006, wherein compensation to the tune of Rs.15,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 25th October, 2006 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 13th May, 2006.

4. Ms. Pati, learned counsel for the insurer - Appellant questions the quantification of compensation amount. But I do not find any merit in her submission to disturb the compensation amount as determined by the learned tribunal. However, the rate of interest is reduced to 6% from 7%.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the awarded compensation of Rs.15,000/- (fifteen thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 25th October, 2006, within a period of two months from today; where- after the same shall be disbursed in favour of the injured - claimant.

6. The direction for payment of default interest @ 9% is waived.

7. The statutory deposit made by the Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the award amount before the tribunal.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno

Location: OHC, Cuttack Date: 01-Sep-2023 17:13:04