Oriental Insurance Co.Ltd. v. Basanti Biswal

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.141 of 2017 Oriental Insurance Co. Ltd.

....

Appellant Mrs. P. Mishra, Advocate -versusBasanti Biswal and others ....

Respondents Mr. J.R. Dash, Advocate for Respondent Nos.1 to 4 .

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

21.07.2022 Order No.

06.

1. Heard Mrs. P. Mishra, learned counsel for the AppellantInsurance Company as well as Mr. J.R. Dash, learned counsel for the Respondent Nos.1 to 4-claimants.

2. Present appeal by the insurer is directed against judgment dated 17.11.2016 of learned 3rd M.A.C.T., Bhubaneswar in M.A.C. No.223/225 of 2009-08 wherein compensation to the tune of Rs.16,17,716/- has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e.01.10.2008 on account of death of the deceased in the motor vehicular accident dated 15.05.2008.

3. Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.15,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. J.R. Dash, learned counsel for the claimantsRespondent Nos.1 to 4 agrees to the same and Mrs. P. Mishra,

learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the Appellant - Insurance Company is directed to deposit the reduced compensation of Rs.15,00,000/- (rupees fifteen lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.01.10.2008 within a period of two months from today; whereafter the same shall be disbursed in favour of the claimants on such terms and proportion contained in the direction of the Tribunal.

5. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

6. The MACA is disposed of with aforesaid directions.

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

( B.P. Routray) Judge B.K. Barik