The Manger,(T.P. Hub.) M/S.Oriental Insurance Company Ltd. v. Puspanjali Dixit

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.862 of 2019 The Manager, (T.P.HUB), M/s.Oriental Insurance Company Ltd.

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Appellant Mr.A.A.Khan, Advocate -versusPuspanjali Dixit and others .... Respondents Mr.B.N.Rath, Advocate for Respondent Nos.1 & 2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

24.8.2022 Order No.

6.

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Khan, learned counsel for the Appellant and Mr.Rath, learned counsel for the claimants-Respondent Nos.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 20th April, 2019 passed by learned 3rd M.A.C.T., Bhubaneswar in M.A.C. Case No.49 of 2010, wherein compensation to the tune of Rs.10,87,421/- 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 21st October, 2009.

4. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.8,80,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Rath, learned counsel for the

claimants-Respondent Nos.1 & 2. Mr.Khan, 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.8,80,000/- (Eight lakhs eighty thousand) 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 decided by the Tribunal. As prayed 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.

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