National Insurance Co. Ltd vs Jaya Tripathy & Others
2024 Latest Caselaw 16559 Ori

Orissa High Court

National Insurance Co. Ltd vs Jaya Tripathy & Others on 12 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.360 of 2013
                 National Insurance Co. Ltd.
                                                            ....          Appellant
                                                            Mr. A. Das, Advocate
                                             -versus-
                 Jaya Tripathy & Others                     ....      Respondents
                                                                             None
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

12.11.2024 Order No.

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

2. Heard Mr. A. Das, learned counsel for the Appellant.

3. None appears on call for the Claimant-Respondents.

4. Present appeal by the insurer is directed against the impugned judgment dated 23rd July 2012 of learned District Judge-cum-MACT, Rayagada passed in MAC Case No.38 of 2010, wherein compensation to the tune of Rs.20,04,800/- along with interest @ 7% per annum from the date of filing of the claim application has been granted on account of death of deceased Pramod Kumar Samantaray in the motor vehicular accident dated 10th September 2010.

4. It is seen that MACA No.952 of 2012 was filed by the Claimants against the same award praying for enhancement of the compensation amount. Said appeal has been disposed of by this Court earlier vide order dated 03.04.2014 reducing the compensation amount to Rs.19,50,000/-.

5. Mr. Das, learned counsel for the Appellant submits that said amount was never consented by him as the counsel for the Insurance Company, but has been inadvertently typed as such in the order of this Court.

6. Nonetheless, since the court has already determined the compensation amount reducing the same as per its order dated 03.04.2014 in MACA No.952 of 2012, I am not inclined to further interfere with the award which has already been determined. As such, present appeal is disposed of in view of order dated 03.04.2014 passed in MACA No.952 of 2012.

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 Himansu

Signed by: HIMANSU SEKHAR DASH