New India Assurance Co.Ltd, T.P.Cell v. Laxman Kisku

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.723 of 2020 New India Assurance Co. Ltd., T.P.Cell, .... Appellant Mr.Subrat Satpathy, Advocate -versusLaxman Kisku and another .... Respondents Mr.J.Mohanty, Advocate for Respondent No. 1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

09.5.2022 Order No.

6.

1.

Heard Mr.Satpathy, learned counsel for the InsurerAppellant and Mr.Mohanty, learned counsel for claimantRespondent No.1. 2.

Present appeal by the Insurer is against the common judgment dated 7th December, 2019 of the learned 2nd Motor Accident Claims Tribunal in respect of Misc.Case No.972 of 2000, wherein compensation to the tune of Rs.20,000/- has been granted along with interest @ 7% per annum with effect from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident on 20th December, 1999.

3.

Upon hearing both parties and considering the grounds of challenge, I do not see any merit in the challenge of the Appellant. However, the rate of interest on the compensation is reduced to 6%.

4.

In the result, the appeal is disposed of with a direction to the Insurer to deposit the compensation amount of Rs.20,000/- (Twenty 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 claimant.

5.

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

6.

The statutory deposit made by the Insurer-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