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2011 DIGILAW 23 (ORI)

Divisional Manager, National Insurance Co. Ltd. v. Chy. Gangadhar Subudhi

2011-01-12

S.C.PARIJA

body2011
ORDER 12.01.2011 — This appeal by the appellant-Insurance Company is directed against the judgment/award dated 7.7.2000, passed by the 3rd Motor Accident Claims Tribunal, Puri, in MACT Misc. Case No.109/1767/760 of 1995/1992/1991, awarding an amount of Rs.1,00,000/- as compensation, along with interest @ 12% per annum, from the date of filing of the claim application i.e. 2.8.1991. Considering the grounds taken in the appeal and the submissions made by the learned counsel for the parties and keeping in view the findings of the learned Tribunal given in the impugned award with regard to the quantum of compensation amount awarded and the basis on which the same has been arrived at, I feel, the interest of justice would be best served, if the awarded compensation amount of Rs.1,00,000/- is modified and reduced to Rs.70,000/-, which is payable to the claimant. The interest awarded @ 12% per annum is also modified and reduced to 6% per annum. Accordingly, the claimant is entitled to the modified compensation of Rs.70,000/- along with interest @ 6% per annum from the date of filing of the claim application i.e. 2.8.1991. The impugned award is modified to the said extent. The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs.70,000/- along with interest @ 6% per annum from the date of filing of the claim application with the learned Tribunal within six weeks hence. It is open for the appellant-Insurance Company to seek recovery of the compensation amount from the owner of the vehicle, if recoverable, in accordance with law. The amount deposited in the Registry of this Court including the statutory deposit along with the accrued interest thereon shall be refunded to the appellant-Insurance Company, on production of receipt of deposit of the modified compensation amount and interest with the Tribunal. MACA is accordingly disposed of. MACA disposed of.