National Insurance Co.Ltd. v. Reeta Parida

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.542 of 2020 National Insurance Company Ltd.

....

Appellant Mr.Subrat Satpathy, Advocate -versusReeta Parida and another .... Respondents Mr.P.K.Mishra, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

28.3.2022 Order No.

5.

1. Heard Mr.Satpathy learned counsel for the Appellant and Mr.Mishra, learned counsel for the claimant-Respondent No.1.

2. Present appeal by the Insurer is directed against the judgment dated 9th July, 2019 passed by learned 2nd M.A.C.T., Cuttack in Misc.Case No.291 of 2004, wherein compensation to the tune of Rs.6,54,320/- has been granted along with interest @ 7% 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 dated 30th November, 2003.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.6,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants-Respondent No.1. Mr.Satpathy, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

4. The Insurer-Appellant is directed to deposit the reduced compensation of Rs.6,00,000/- (Six lakhs) 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 claimant on same terms and proportion as directed by the Tribunal. However, the penal interest @12% is waived. As prayed for by the Appellant, it is open for him to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

5. With aforesaid modification in the compensation amount, the appeal is disposed of.

6. 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.

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

( B.P. Routray) Judge C.R.Biswal