MACA/88/2015 of DIVISIONAL MANAGER,ORIENTAL INSURANCE CO.LTD. Vs SWARNAPRAVA MAHAPATRO on 22 December 2017

MACA NO.88 OF 2015 MISC.CASE NO.1645 OF 2017

22.12.2017

This is an application for exemption from payment of court fee on the cross-objection for the time being.

Considering the submissions made, the claimants are exempted from payment of court fee on the cross-objection for the time being, which shall be paid at the time disposal of the appeal.

Misc.Case is accordingly disposed of.

(S.C.PARIJA, J.)

MACA NO.88 OF 2015

22.12.2017

A memo has been filed by the learned counsel for the claimants in Court today for deleting the name of respondent no.5 Gunanidhi Tripathy, who died during pendency of the appeal, leaving behind his legal heirs, who are already on record as respondent nos.1 to 4, which is taken on record.

Learned counsel for the appellant-Insurance Company has no objection for deleting the name of the deceased-respondent no.5 from the cause title of the appeal memo.

In view of the memo filed, the name of the deceased-respondent no.5, be deleted from the cause list.

Heard learned counsel for the parties.

This appeal by the Insurance Company is directed against the judgment/award dated 22.10.2014, passed by the learned 2nd Motor Accident Claims Tribunal, Berhampur, in MAC Case No.603 of 2011, awarding an amount of Rs.20,47,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim application, till payment.

The claimants-respondent nos.1 to 4 have filed cross-objection seeking enhancement of the compensation amount.

Considering the submissions made by the learned counsel for the parties and keeping in view the findings of the learned Tribunal as given in the impugned award and the reasons assigned in support of the same, no impropriety or illegality can be said to have been committed by the learned Tribunal so as to warrant any interference in this appeal.

The appeal and the cross-objection are accordingly dismissed.

The appellant-Insurance Company is directed to deposit the awarded compensation amount of Rs.20,47,000/- along with the awarded interest with the learned Tribunal within six weeks hence. On deposit of the amount, the same shall be disbursed to the claimants proportionately as per the direction of the learned Tribunal given in the impugned award by deleting the name of respondent no.5.

It is open for the Insurance Company to seek recovery of the awarded amount from the owner of the vehicle, if recoverable in accordance with law.

The statutory amount deposited in the Registry of this Court along with the accrued interest thereon be refunded to the appellant-Insurance Company, on production of receipt showing deposit of the awarded compensation amount and interest with the Tribunal. Issue urgent certified copy as per rules.

(S.C.PARIJA, J.)