Mangri Barua v. Pankaj K.Patel

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.661 of 2007 MACA No.661 of 2007 & 1070 of 2007 Mangri Barua (in MACA No.661/2007) General Manager, National Insurance Company Ltd.

(in MACA No.1070/2007) ....

Appellants Ms. S. Mohanty, Advocate (in MACA No.661/2007) Mr. A. Das, Advocate (in MACA No.1070/2007) -versusPankaj Kumar Patel (since dead) through his LRs and Another (In MACA No.661/2007) Mangri Barua and Another (In MACA No.1070/2007) ....

Respondents Mr. A. Das, counsel for Respondent No.2 (in MACA No.661 of 2007) Ms. S. Mohanty, counsel for Respondent No.1 (in MACA No.1070 of 2007)

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

19.12.2022 Order No.

17.

The matters are taken up through hybrid mode. 2.

Heard Ms. S. Mohanty, learned counsel for the claimants and Mr. A. Das, learned counsel for insurance company. 3.

Though the matters are listed for orders, but on the request of both parties the same are taken up for final hearing.

4.

Ms. Mohanty seeks and permitted to correct the consolidated cause title in the court.

5.

Both the appeals being arise out of same common impugned judgment, are heard together and disposed of by this common order. 6.

Both the appeals are directed against the impugned judgment dated 20th April, 2007 of learned 2nd MACT, Northern Division, Sambalpur passed in Misc. (A) Case No.379 of 1997 (SN) and batch. Present appeals are in respect of Misc.(A) Case No.338 of 1997 (SN), wherein compensation to the tune of Rs.1,00,000/- has been granted in favour of the claimants with adjustment of Rs.50,000/- already paid under Section 140 of the MV Act on account of death of the deceased in the motor vehicular accident dated 21st May, 1995. 7.

MACA No.1070 of 2007 has been filed by the insurer challenging the award and MACA No.661 of 2007 has been filed by the claimants praying for enhancement of the compensation amount. 8.

Learned tribunal while granting the award has further granted liberty in favour of the insurer to recover the amount from the owner. 9.

In view of the reasons given with discussions made in the connected appeal, i.e. MACA No.670 & 1071 of 2007, the challenges advanced by the insurer as well as the claimants in the present appeals are dealt with and the same are not repeated here. Accordingly, both the appeals are disposed of and the award amount granted by the tribunal along with interest is confirmed.

10.

At this stage it is submitted that an amount of Rs.50,000/- in terms of direction of the tribunal made under Section 140 of the MV

Act has already been received by the claimants. Therefore the insurance company is found liable to pay the balance amount of Rs.50,000/- along with interest as directed by the tribunal in the impugned judgment.

11.

Accordingly, the insurance company is directed to deposit the balance amount of Rs.50,000/- (fifty thousand) before the tribunal along with interest @ 6% as directed by it, within a period of two months from today; where-after the same shall be disbursed in favour of claimants on the same terms and proportion as contained in the impugned judgment.

12.

The statutory deposit made by the insurer before this court in MACA No.1070 of 2007 along with accrued interest be refunded on proper application and on production of proof of deposit before the tribunal.

13. An urgent certified copy of this order be issued as per rules ( B.P. Routray) Judge M.K.Panda