M/S. Oriental Insurance Co vs Rashmirekha Tripathy &
2025 Latest Caselaw 6360 Ori

Orissa High Court

M/S. Oriental Insurance Co vs Rashmirekha Tripathy & on 26 June, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MACA No.344 of 2024

    M/s. Oriental Insurance Co.,        ....                            Appellant
    Ltd., Balasore                                      Mr. G.P. Dutta, Advocate

                                    -versus-

    Rashmirekha Tripathy &              ....                       Respondents
    Others                                      Mr. B.B. Singh, Adv. for Resp. Nos.1
                                                                                to 4


                       CORAM:
     THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY

                                          ORDER

26.06.2025 Order No.

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

2. Heard learned counsel appearing for the Parties.

3. This appeal has been filed by the Appellant-Company challenging the judgment dt.08.09.2023 so passed by the learned MACT-I, Balasore in MAC Case No.237 of 2022. Vide the said Judgment, the Tribunal awarded compensation at Rs.55,18,025/- along with interest @ 6 % per annum payable from the date of filing of the claim application till its realization.

4. In support of the appeal, learned counsel appearing for the appellant contended that though it is not disputed that the accident occurred due to head on collision in between both the vehicles, but contributory negligence was not taken note of by the Tribunal while assessing the compensation. It is accordingly contended that the impugned award needs interference of this Court.

5. Even though learned counsel for the claimants- respondents supported the impugned award, but in course of hearing contended that the claimants-respondents will be fully satisfied if this Court will reduce the compensation amount to Rs.50,50,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

5.1. Learned counsel appearing for the Appellant- company left the aforesaid proposition made by the learned counsel for the Claimants-respondents to the discretion of this Court.

6. Having heard learned counsel for the parties and considering the submission made, this Court while interfering with the impugned judgment is inclined reduce the compensation to Rs.50,50,000/-along with interest @ 6% per annum payable from the date of application till its realization. This Court accordingly directs the Appellant- Company to deposit compensation amount of Rs.50,50,000/- along with interest @ 6% per annum payable from the date of application till its realization within a period of eight (8) weeks from the date of receipt of this order.

6.1. It is observed that on such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Claimants-Respondents proportionately in terms of the judgment dt.08.09.2023.

6.2. It is further observed that if the Appellant-Company will fail to deposit the compensation amount within the time stipulated here-in-above, the compensation amount of Rs.50,50,000/- shall carry interest @ 7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited.

6.3. Statutory deposit along with accrued interest be refunded to the appellant on proper identification after satisfaction of the award.

7. The MACA accordingly stands disposed of.

(Biraja Prasanna Satapathy) Judge Subrat

Location: HIGH COURT OF ORISSA, CUTTACK