The Manager vs Ajay Kumar Patra And Another
2023 Latest Caselaw 11745 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.466 of 2022
                 The Manager, Legal, M/s. Bajaj
                 Alliance General Insurance Co. Ltd.        ....           Appellant
                                                        Mr. A.A. Khan, Advocate
                                             -versus-
                 Ajay Kumar Patra and Another               ....        Respondents
                              Mr. S.K. Mohanty, counsel for Respondent No.1
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

27.9.2023 Order No.

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

2. Heard Mr. A.A. Khan, learned counsel for the insurer - Appellant and Mr. S.K. Mohanty, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer is directed against the impugned judgment dated 19th May, 2022 of learned 3rd ADJ-cum-4th MACT, Cuttack passed in MAC Case No.322 of 2015, wherein compensation to the tune of Rs.5,85,599/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 19 th May, 2015 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 3rd February, 2015.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mohanty, learned counsel for the injured and Mr. Khan, 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 a reduced compensation of Rs.4,00,000/- (four lakhs) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 19 th May, 2015, 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.

6. The direction for payment of penal interest @ 12% is waived.

7. The statutory deposit made by the insurer - Appellant 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.

8. 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

Date: 03-Oct-2023 12:44:46