National Insurance Co. Ltd. v. Manorama Majhi
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.969 of 2019 National Insurance Company Ltd.
....
Appellant Mr. Prasanta Kumar Mahali, Advocate -versusManorama Majhi and Others ....
Respondents Mr. B.N. Samantaray, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
22.3.2022 Order No.
06.
1.
Heard Mr. P.K. Mahali, learned counsel for the insurer - Appellant and Mr. B.N. Samantaray, learned counsel for claimant - Respondent.
2.
Present appeal by the insurer has been filed challenging the judgment dated 14th May, 2019 of learned 1st MACT, Cuttack passed in MAC No.256 of 2016 wherein compensation to the tune of Rs.7,86,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th April, 2016 has been granted on account of death of the deceased in the motor vehicular accident dated 1st March, 2016.
3.
Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.7,00,000/- along with interest @ 6% per annum is proposed to the parties in course of
hearing. This is agreed by Mr. Samantaray, learned counsel for the claimants and Mr. Mahali, learned counsel for the insurer leaves it to the discretion of the Court. As such the amount is fixed to the above extent.
4.
In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.7,00,000/- (seven lakh) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 11th April, 2016 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 learned Tribunal. 5.
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.
6.
The appeal is disposed of.
7.
An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda