Divisional Manager,Oriental Insurance Co.Ltd. v. Sabitri Rana
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.543 of 2019 Divisional Manager, Oriental Insurance Company Ltd.
....
Appellant Mr.S.Satpathy, Advocate -versusSabitri Rana and others ....
Respondents Mr.B.Mohanty, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
27.4.2022 Order No.
7.
1.
Heard Mr.Satpathy, learned counsel for the AppellantInsurer and Mr.Mohanty, learned counsel for claimantsRespondent Nos.1 to 3. 2.
Present appeal by the Insurer is against the judgment dated 26th July, 2018 of the learned 1st MACT-cum-District Judge, Dhenkanal in M.A.C. Case No.315 of 2012, wherein compensation to the tune of Rs.5,70,000/- 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 26th September, 2012. 4.
Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.5,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mohanty, learned counsel
for the claimants-Respondent Nos.1 to 3. Mr.Satpathy, 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.5,50,000/-(five lakhs fifty thousand) 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