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Judgment
Biswanath Rath, J
On consent of the parties, the appeal is taken up for final disposal.
Heard Mr.A.A. Khan, learned counsel for Appellant and Mr. P.K. Mishra, learned counsel for Respondent No.1.
The present appeal arises out the judgment & award dated 26.11.2018 passed by the learned 3rd. Motor Accident Claims Tribunal, Bhubaneswar in
MAC No.81/36 of 2017.
Considering the rival contentions of the parties and taking into account the grounds taken in the appeal, this Court finds, there is slight irregularities
in the matter of compensation so far it relates to income of the deceased, but however, considering that the accident has occurred in the year 2017,
this Court instead of remanding the matter, reduces the awarded amount from Rs.20,46,000/- (Rupees Twenty lakhs forty six thousand) only to
Rs.14,50,000/- (Rupees fourteen lakhs fifty thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest
@ 7% per annum from the date of claim application, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in
favour of the claimant(s) proportionately as per the terms & conditions made in the order of the Tribunal, but upon sufficient proof of identification
before the Tribunal within a period of two weeks thereafter.
On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the
statutory deposit with accrued interest shall be refunded to the Insurance Company.
With the aforesaid observation and direction the MACA stand disposed of.
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