M/S. Shriram General Insurance Co vs Sanju Behera And Others
2024 Latest Caselaw 16248 Ori

Orissa High Court

M/S. Shriram General Insurance Co vs Sanju Behera And Others on 5 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 06-Nov-2024 13:50:12



                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                         MACA No.772 of 2017
                        M/s. Shriram General Insurance Co.
                        Ltd., represented through its              ....           Appellant
                        Authorized Signatory, Sitapur, Jaipur,
                        Rajasthan
                                                                  Mr. J.R. Deo, Advocate
                                                    -versus-
                        Sanju Behera and Others                    ....        Respondents
                                      Mr. P.K. Mishra, counsel for Respondents 1 to 3
                                   CORAM:
                                   SHRI JUSTICE B. P. ROUTRAY
                                                 ORDER

5.11.2024 Order No.

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

2. Heard Mr. J.R. Deo, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against the impugned judgment dated 19th June, 2017 of learned 2nd ADJ-cum-5th MACT, Berhampur passed in MAC Case No.181 of 2013, wherein compensation to the tune of Rs.10,30,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 9th July, 2013 has been granted on account of death of deceased Krushna Chandra Behera in the motor vehicular accident dated 9th August, 2012.

4. Upon hearing both parties and considering all such grounds of challenge advanced a reduced compensation of Rs.8,80,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondents and Mr. Deo, learned

counsel for the insurer - Appellant 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.8,80,000/- (eight lakhs eighty thousand) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 9th July, 2013, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant-Respondents on such terms and proportion to be decided by the learned tribunal.

6. 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.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda