National Insurance Company Ltd. v. Asha Ransingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.587 of 2020 National Insurance Company Ltd.

....

Appellant Mr. K.J. Prakash, Advocate -versusAsha Ransingh and Others ....

Respondents Mr. P.K. Mishra, counsel for Respondents 1 & 2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

19.7.2022 Order No.

05.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. K.J. Prakash, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent Nos.1 & 2.

3.

Present appeal by the insurer has been filed challenging the judgment dated 19th August, 2019 of learned 5th MACT, Khurda passed in MAC No.40 of 2016 wherein compensation to the tune of Rs.6,50,800/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 20th April, 2016 has been granted on account of death of the deceased in the motor vehicular accident dated 10th December, 2015.

4.

Upon hearing 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. Mishra, learned counsel for the claimant-Respondents and Mr. Prakash, learned counsel for the insurer leaves it to the discretion of the Court. As such, the amount is fixed to the above extent.

5.

In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.5,50,000/- (five lakh fifty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 20th April, 2016 within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by learned Tribunal.

6.

The statutory deposit made by the appellant before this court along with accrued interest be refunded to the Appellant - insurer on proper application and on production of proof of deposit of the awarded amount before the tribunal.

7.

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