The Divisional Manager (D.O.-Ii) vs Gita Sahu And Others
2024 Latest Caselaw 12916 Ori

Orissa High Court

The Divisional Manager (D.O.-Ii) vs Gita Sahu And Others on 8 August, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.32 of 2024
                                 The Divisional Manager (D.O.-II),         ....           Appellant
                                 M/s.Oriental Insurance Co. Ltd.
                                                                            Mr. S. Roy, Advocate
                                                             -versus-
                                 Gita Sahu and others                   ....       Respondents
                                              Mr. P.K. Mishra, Advocate for Respondents 1 to 4
                                                 Mr. S.K. Sahoo, Advocate for Respondent No.7
                            .



                                              CORAM:
                                              JUSTICE B. P. ROUTRAY
                                                           ORDER

08.08.2024 Order No.

03. 1. Though the matter is listed under the heading "For Orders", but at the request of the parties, the same is taken up for final disposal.

2. Heard Mr. S. Roy, learned counsel for the Appellant-, Mr. P.K. Mishra, learned counsel for Respondents 1 to 4-claimants and Mr. S.K. Sahoo, learned counsel for the Respondent No.7-M/s.HDFC ERGO General Insurance Company Ltd.

3. Present appeal by the Appellant - M/s.Oriental Insurance Company Ltd. is directed against the judgment dated 10.04.2023 of learned 1st M.A.C.T., Cuttack in M.A.C. Case No.422 of 2016, wherein compensation to the tune of Rs.14,18,500/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application, i.e.04.07.2016 on account of death of the deceased in the motor vehicular accident dated 09.05.2016.

4. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,20,000/-

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Aug-2024 16:23:31 along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. S. Roy, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

5. In the result, the Appellant - M/s.Oriental Insurance Company Ltd. is directed to deposit reduced compensation of Rs.13,20,000/- (rupees thirteen lakhs twenty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.04.07.2016 within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Respondents 1 to 4 on such terms and proportion to be fixed by the Tribunal. The penal interest @12% as directed by the learned Tribunal is waived.

6. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

7. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge B.K. Barik

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Aug-2024 16:23:31