Divisional Manager vs Sasmita Nayak & Ors
2023 Latest Caselaw 10789 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Sep-2023 12:54:14




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.527 of 2023

                                 Divisional Manager, M/S. National          ....        Appellant
                                 Insurance Co.Ltd.
                                                                        Mr.P.K.Mahali, Advocate

                                                             -versus-

                                 Sasmita Nayak & Ors.                 ....       Respondents
                                                   Mr. P.K.Mishra, Advocate for Respondents

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

04.09.2023 Order No.

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

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

3. Present appeal by the Insurer is directed against judgment dated 7th February, 2023 of District Judge-cum-1st MACT, Jagatsinghpur in M.A.C. Case No.98 of 2020, wherein compensation to the tune of Rs.82,70,195/- 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 June, 2020.

4. Upon hearing both parties and considering all such grounds of challenge advanced including deduction of statutory tax component and the interest accrued from term deposits from the income of the deceased, a reduced compensation of Rs.67,75,000/- along with interest @6% per annum is proposed

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 12:54:14

to the parties in course of hearing. This is agreed by Mr. Mishra, learned counsel for the claimants. Mr. Mahali, learned counsel 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.67,75,000/- (Sixty seven lakhs seventy 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