M/S.Royal Sundaram Alliance Insurance Co.Ltd v. Annapurna Das
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.706 of 2018 M/s.Royal Sundaram Alliance Insurance Company Ltd.
....
Appellant Mr.A.A. Khan, Advocate -versusSmt. Annapurna Das and others ....
Respondents Mr.S.N.Mishra, Advocate for Respondent Nos.1 & 2 .
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
30.08.2022 Order No.
13.
1. Heard Mr. A.A. Khan, learned counsel for the AppellantInsurance Company as well as Mr. S.N. Mishra, learned counsel for the Respondent Nos.1 & 2-claimants.
2. Present appeal by the insurer is directed against judgment dated 27.03.2018 of learned M.A.C.T.-I, Balasore in M.A.C. Case No.374 of 2015 wherein compensation to the tune of Rs.26,39,332/- has been granted along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e.14.09.2015 on account of death of the deceased in the motor vehicular accident dated 04.06.2015.
3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.24,00,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. S.N. Mishra, learned counsel for the claimantsRespondent Nos.1 & 2 agrees to the same and Mr. A.A.Khan,
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.24,00,000/- (rupees twenty-four lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.14.09.2015 within a period of two months from today; whereafter the same shall be disbursed in favour of the claimants on such terms and proportion to be decided by 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