Oriental Insurance Co.Ltd vs Sunakar Patra & Ors
2023 Latest Caselaw 10788 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Sep-2023 12:54:13




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       MACA No.733 of 2022

                                 Oriental Insurance Co.Ltd.                  ....         Appellant
                                                                         Mr.P.K.Mahali, Advocate

                                                              -versus-

                                 Sunakar Patra & Ors.                 ....        Respondents
                                                    Mr. K.C.Nayak, Advocate for Respondents

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

04.09.2023 Order No.

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

2. Heard Mr.Mahali, learned counsel for the Appellant and Mr. Nayak, learned counsel for claimants-Respondent.

3. Present appeal by the Insurer is directed against judgment dated 19th July, 2022 of 3rd Additional District Judge- cum-4th MACT, Cuttack passed in M.A.C. Case No.600 of 2013, wherein compensation to the tune of Rs.7,50,000/- 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 22nd May, 2013.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,25,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Nayak, learned counsel for the claimants. Mr. Mahali, learned counsel

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 12:54:13

for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs.5,25,000/- (Five lakhs twenty five 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.

6. 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.

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

( B.P. Routray) Judge

S.Das