The Divisional Manager, National Insurance Company Ltd. v. Sambit Mohapatra

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.27 of 2021 The Divisional Manager, National Insurance Company Ltd.

....

Appellant Mr.P.K.Tripathy, Advocate -versusSambit Mohapatra and another .... Respondents Mr.P.K.Singh, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

4.4.2022 Order No.

5.

1. Heard Mr.Tripathy, learned counsel for the Appellant and Mr.Singh, learned counsel for the claimant-Respondent No.1.

2. Present appeal by the Insurer is directed against the judgment dated 6th February, 2020 passed by learned District Judge-Cum1st M.A.C.T., Jagatsinghpur in Motor Accident Claim Case No.221 of 2016, wherein compensation to the tune of Rs.8,30,960/- has been granted along with interest @ 7% per annum with effect from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident dated 26th January, 2015.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.6,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Singh, learned counsel for the claimant-Respondent No.1. Mr.Tripathy, learned counsel for the

Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

4. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.6,50,000/-(Six lakhs fifty thousand) before the tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on same terms and proportion as directed by the Tribunal. However, the penal interest @9% is waived.

5. With aforesaid modification in the compensation amount, the appeal is disposed of.

6. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge CRBiswal