Orissa High Court
Divisional Manager vs Himadrai Sahu And Another (In Maca ... on 25 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.422 of 2022
MACA No.422 & 640 of 2022
Divisional Manager, M/s. Oriental
Insurance Co. Ltd., Sahid Nagar,
Bhubaneswar (in MACA No.422/2022)
Himadri Sahu (in MACA No.640/2022)
.... Appellant
Mr. P.K. Mohanty, Advocate (in MACA No.422/2022)
Mr. P.K. Mishra, Advocate (in MACA No.640/2022)
-versus-
Himadrai Sahu and Another (in MACA No.422/2022)
Dayanidhi Deep & Another (in MACA No.640/2022)
.... Respondents
Mr. P.K. Mishra, counsel for Respondent No.1
(in MACA No.422/2022)
Mr. P.K. Mohanty, counsel for Respondent No.2
(in MACA No.640/2022)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.9.2023
Order No.
08. 1. The matters are taken up through hybrid mode.
2. Heard Mr. P.K. Mohant, learned counsel for the insurer, i.e.
Oriental Insurance Co. Ltd. and Mr. P.K. Mishra, learned counsel for
the claimants.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. The appeals are against the impugned judgment dated 12th May,
2022 of learned 1st MACT, Deogarh passed in MAC No.26 of 2017,
wherein compensation to the tune of Rs.25,81,600/- along with
interest @ 6% per annum from the date of filing of the claim
application, i.e. 17th April, 2017 has been granted on account of
injuries sustained by the injured in the motor vehicular accident dated
16th February, 2017.
5. MACA No.422 of 2022 has been filed by the insurer
challenging the award. MACA No.640 of 2022 has been filed by the
claimants praying for enhancement of the compensation amount.
6. Upon hearing both parties and considering all such grounds of
challenge advanced in both the appeals, a modified compensation of
Rs.24,50,000/- with 6% interest is proposed to the parties. This is
agreed by Mr. Mishra, learned counsel for the claimant and Mr.
Mohanty, learned counsel for the insurer leaves it to the discretion of
the court. Accordingly the compensation amount is fixed to the said
extent.
7. In the result, both the appeals are disposed of with a direction to
the insurer, i.e. Oriental Insurance Co. Ltd. to deposit the modified
compensation of Rs.24,50,000/- (twenty-four lakhs fifty thousand)
before the tribunal along with interest @ 6% per annum from the date
of filing of the claim application, i.e. 17th April, 2017 within a period
of two months from today, where-after the same shall be disbursed in
favour of the injured - claimant on such terms and proportion to be
decided by the learned tribunal.
8. The direction for payment of penal interest @ 12% is waived.
9. It goes without saying that this court has not disturbed the right
of recovery as granted by the learned tribunal in favour of the insurer.
10. The statutory deposit made by the insurer - Appellant in MACA
No.422 of 2022 before this court along with accrued interest thereon
shall be refunded on proper application and on production of proof of
deposit of the award amount before the tribunal.
11. 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
Date: 26-Sep-2023 19:23:21
