Manager (Legal) vs Mamata Nayak And
2024 Latest Caselaw 15337 Ori

Orissa High Court

Manager (Legal) vs Mamata Nayak And on 1 October, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MACA No.764 of 2024

        Manager (Legal), M/s.
        Reliance General
        Insurance Co. Ltd., BBSR          ....                     Appellant
                                                  Mr. S. Satpathy, Advocate

                                       -versus-

        Mamata Nayak and
        Others                            ....                 Respondents
                                               Mr. P.K. Mishra, Advocate R-2
                            CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY
                                         ORDER

01.10.2024 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. S. Satpathy, learned counsel appearing for the Appellant-Company and Mr. P.K. Mishra, learned counsel appearing for the Respondent No.2-Claimants.

3. This appeal has been filed by the Appellant- Company challenging Judgment dtd.15.04.2024 so passed by the learned District Judge-cum-1st MACT, Jagatsinghpur in MAC Case No.35 of 2019. Vide the said Judgment the Tribunal assessed the compensation at Rs.30,89,903/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

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4. Learned counsel for the Appellant-Company contended that while assessing the compensation at Rs.30,89,903/-, the Tribunal never take into consideration the delay in lodging the FIR of around 18 days. Not only that the tribunal failed to appreciate the fact that neither of the vehicles sustained any damage due to the alleged accident.

4.1. It is also contended the Tribunal without proper appreciation, wrongly awarded compensation towards loss of comfort and amenities due to permanent disability and pain and suffering to the tune of Rs.8,00,000/-, which is quite abnormal and without any basis, on the face of the compensation awarded.

4.2. Making all these submissions learned counsel appearing for the Appellant-company contended that had the Tribunal properly appreciated the stand of the Appellant and assessed the compensation towards loss of comfort and amenities and pain and suffering properly, the compensation amount so awarded would have been on the lower side. It is also contended that levy of default interest @ 9% per annum for the default period is unsustainable in the eye of law. It is accordingly contended that the impugned award is not sustainable in the eye of law and requires interference of this Court.

5. Even though Mr. P.K. Mishra, learned counsel appearing for the Claimant-Respondent No. 2 supported

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the impugned award, but in course of hearing contended that the Claimant-Respondent No.2 will have no grievance, if the compensation amount will be reduced to Rs.27,00,000/-, with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

6. Mr. S. Satpathy, learned counsel appearing for the Appellant-Company left the aforesaid proposition made by the learned counsel for the Claimant-Respondent No.2 to the discretion of this Court.

7. Having heard learned counsel appearing for the Parties, considering the submissions made and after going through the materials placed, this Court while interfering with the impugned Judgment dtd.15.04.2024 is inclined to reduce the compensation and held the Claimant-Respondent No.2 entitled to get compensation amount of Rs.27,00,000/- with interest @ 6% per annum payable from the date of filing of the application till its realization. While holding so, this Court directs the Appellant-Company to deposit the aforesaid compensation amount along with interest within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal shall disburse the same in favour of the Claimant-Respondent No.2 proportionately in terms of the Judgment passed on 15.04.2024.

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7.1. However, it is observed that if the amount as directed will not be deposited by the Appellant-Company within the aforesaid time period of eight (8) weeks, the compensation amount of Rs.27,00,000/- shall carry interest @ 7% per annum for the period starting from the expiry of the period of eight (8) weeks till it is deposited before the Tribunal.

7.2. Statutory deposit made in the shape of cheque be refunded to the learned counsel for the appellant after satisfaction of the award as directed.

8. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack