Manager Legal vs Mithun Kanhar And Another
2023 Latest Caselaw 11090 Ori

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
Designation: Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack                    MACA No.1128 of 2018
Date: 14-Sep-2023 11:23:37


                                   Manager Legal
                                   SBI General Insurance Co. Ltd.           ....        Appellant
                                                                           Mr.S.Roy, Advocate

                                                               -versus-

                                   Mithun Kanhar and another                 ....       Respondents
                                                     Mr.B.N.Rath, Advocate for Respondent No.1



                                              CORAM:
                                              JUSTICE B. P. ROUTRAY

                                                            ORDER

11.9.2023 Order No.

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

2. Heard Mr.Roy, learned counsel for Appellant-Insurer and Mr.Rath, learned counsel for claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against the judgment dated 27th June, 2018 of Member, 7th M.A.C.T., Bhubaneswar in M.A.C. Case No.544 of 2015, wherein compensation to the tune of Rs.8,46,870/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident on 23rd September, 2015.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Rath,

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL learned counsel for the claimant. Mr.Roy, learned counsel for the Designation: Secretary Reason: Authentication Insurer leaves it to the discretion of the Court. As such, the Location: Orissa High Court, Cuttack Date: 14-Sep-2023 11:23:37 amount is fixed to that extent.

5. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.8,00,000/-(Eight lakhs) before the Tribunal along with interest @6% per annum 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 claimant on such terms and proportion to be fixed by the Tribunal.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. 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.

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

( B.P. Routray) Judge

C.R.Biswal