The Oriental Insurance Co. Ltd vs Manjari Padhan & Others
2023 Latest Caselaw 11345 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.9 of 2023
                 The Oriental Insurance Co. Ltd.,
                 Sarlakani, Sakhipada Road, Sambalpur ....               Appellant
                                                       Mr. G.P. Dutta, Advocate
                                            -versus-
                 Manjari Padhan & Others                ....       Respondents
                               Mr. P.K. Mishra, counsel for Respondents 1 & 2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

15.9.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the Appellant - insurer and Mr. P.K. Mishra, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against the impugned common judgment dated 13th September, 2022 of learned Member, 2nd M.A.C.T., (Northern Division), Sambalpur passed in MAC No.57 of 2020 (Sambalpur) and MAC No.59 of 2020 (Sambalpur). Present appeal is in respect of MAC No.57 of 2020, wherein compensation to the tune of Rs.14,78,188/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th September, 2020 has been granted on account of death of deceased Jatindra Padhan in the motor vehicular accident dated 8th September, 2020.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.14,00,000/- with 6%

interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer

- Appellant to deposit before the tribunal the modified compensation of Rs.14,00,000/- (fourteen lakhs) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th September, 2020, 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 decided by the learned tribunal. However, as prayed on behalf of the Appellant, it is open for the insurer to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

6. The statutory deposit made by the Appellant before this court along with accrued interest thereon shall be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

7. 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 Reason: Authentication Location: OHC, Cuttack