Oriental Insurance Co.Ltd. v. Purnabati Mallik

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.1310 of 2018 The Oriental Insurance Co. Ltd.

....

Appellant Mr.G.P.Dutta, Advocate -versusPurnabati Mallik and others .... Respondents Mr.S.K.Joshi, Advocate for Respondent Nos.1 to 4

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

20.12.2022 Order No.

I.A.No.317 of 2020 3.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Dutta, learned counsel for the AppellantInsurer and Mr.Joshi, learned counsel for claimants-Respondent Nos.1 to 4.

3.

Upon hearing both parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned. 4.

The I.A. is disposed of.

MACA No.1310 of 2018 5.

Present appeal by the Appellant is against the judgment dated 11th September, 2018 of the Addl. District Judge-CumM.A.C.T., Patnagarh, in M.A.C.Case No.22 of 2014, wherein compensation to the tune of Rs.10,82,500/- 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 on 16th May, 2014.

6.

Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.9,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Joshi, learned counsel for the claimants. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

7.

The Insurer-Appellant is directed to deposit the reduced compensation of Rs.9,50,000/-(Nine 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. As prayed for by the Insurer, 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.

8.

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

9.

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.

10.

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

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