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Judgment
B. P. Routray, J
The matter is taken up through hybrid mode.
Heard Mr. B.N. Udgata, learned counsel for the insurer – Appellant and Mr. K.C. Nayak, learned counsel for claimant – Respondents.
Present appeal by the insurer is directed against the impugned judgment dated 26th March, 2021 of learned 3rd MACT, Cuttack passed in MAC No.1112 of 2017, wherein compensation to the tune of Rs.17,30,000/- along with interest @ 7% per annum from the date of filing of the claim application, 20th December, 2017 has been granted on account of death of deceased Suraj @ Suraj Kumar Sahoo in the motor vehicular accident dated 8th November, 2017.
The claimants have also filed a cross-appeal praying for enhancement of the compensation amount. They being the claimants are exempted from payment of court fee in the cross-appeal for the time being.
The entire dispute in the appeal as well as in the cross-appeal is regarding quantification of compensation amount.
Upon hearing both parties and considering all such grounds of challenge advanced including educational qualification of the deceased, a modified compensation of Rs.16,00,000/- along with interest @ 6% per annum is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimants and Mr. Udgata, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.
Mr. Udgata further submits that since the offending vehicle, i.e. Bus bearing registration number OD-35-A-0211 did not have a valid permit on the date of accident, right of recovery should be extended in favour of the insurer.
It is seen that neither the owner nor the insurer has adduced any evidence on their behalf with regard to validity of permit. Nevertheless, the insurer is at liberty 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.
In the result the appeal is disposed of with a direction to the Appellant – insurer to deposit the modified compensation of Rs.16,00,000/- (sixteen lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 20th December, 2017, within a period of two months from today, where-after the same shall be disbursed in favour of the claimant – Respondents on such terms and proportion to be decided by the learned tribunal.
The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.
An urgent certified copy of this order be issued as per rules.
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