N.I.Co.Ltd v. Santoshi Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.261 of 2011 National Insurance Co. Ltd.

....

Appellant Mr. S.R. Pattnaik, Advocate -versusSmt. Santoshi Behera and others ....

Respondents Mr. S. Rout, Advocate on behalf of Mr. S.K. Panda, Advocate for Respondent Nos.1 to 5 .

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

17.08.2022 Order No.

09.

1. Heard Mr. S.R. Pattnaik, learned counsel for the AppellantInsurance Company as well as Mr. S. Rout, learned counsel on behalf of Mr. S.K. Panda, learned counsel for the Respondent Nos.1 to 5-claimants.

2. Present appeal by the insurer is directed against the judgment dated 15.01.2011 of learned 4th M.A.C.T., Jharsuguda in M.A.C. No.8 of 2009 wherein compensation to the tune of Rs.13,65,000/- has been granted along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e.5.1.2009 on account of death of the deceased in the motor vehicular accident dated 30.6.2008.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.12,65,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. S. Rout, learned counsel for the claimants-

Respondent Nos.1 to 5 agrees to the same and Mr. S.R. Pattnaik, 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.12,65,000/- (rupees twelve lakhs sixty-five thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.5.1.2009 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.

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 the aforesaid directions.

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

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