D.M.,Legal,Cholamandalam(M.S.),General Insurance Co.Ltd. v. Arati Barik
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.303 of 2019 Divisional Manager, Cholamandalam (M.S) General Insurance Company Ltd.
....
Appellant Mr.A.A.Khan, Advocate -versusArati Barik and others .... Respondents Mr.A.K.Sahoo, Advocate for Respondent Nos.1 to 4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
19.10.2022 Order No.
7.
1.
The matter is taken up through Hybrid mode.
2.
Heard Mr.Khan, learned counsel for the AppellantInsurer and Mr.Sahoo, learned counsel for claimants-Respondent Nos.1 to 4.
3.
Present appeal by the Appellant is against the judgment dated 14th February, 2019 of the Motor Accidents Claims Tribunal-I, Balasore in M.A.C.Case No.102 of 2017, wherein compensation to the tune of Rs.8,72,000/- has been granted along with interest @7.5% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 7th February, 2017. 4.
Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- along with interest @6% per annum is proposed to the parties in
course of hearing. This is agreed by Mr.Sahoo, learned counsel for the claimants-Respondent Nos.1 to 4. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.
5.
The Insurer-Appellant is directed to deposit the reduced compensation of Rs.8,00,000/-(eight lakhs) 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 claimants on such terms and proportion to be fixed by the Tribunal.
6.
With aforesaid modification in the compensation amount, the appeal is disposed of.
7.
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.
8.
Urgent certified copy of this order be granted on proper application.
( B.P. Routray) Judge C.R.Biswal