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Judgment
G. Satapathy, J.
This is an Appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by the Manager, Legal, M/s. Reliance General Insurance Co. Ltd., Khurda (in short “the insurer”) seeking to impeach the impugned judgment dated 02.01.2026 passed by learned 1st MACT, Cuttack (in short “the Tribunal”) in M.A.C. Case No. 859 of 2022 directing the insurer to pay Rs.68,92,278/- together with Simple Interest (SI) @6% per annum exigible w.e.f. the date of filing of claim application on 17.08.2022 till actual realization to the claimant-injured, who has been arrayed as R-1 herein.
The facts being not disputed is not reiterated in extenso, but only reproduced briefly to adjudicate the Appeal and such facts are that in an accident on 31.07.2022 at about 1.00A.M., one Aditya Kumar Jena while going as a pillion rider on a motorcycle bearing Regd. No. OD-04-R-8414, the motorcycle allegedly met with an accident causing serious injuries to the injured and accordingly, the accident was registered with the local Police Station which resulted in submission of charge sheet, but a claim being preferred by the petitioner being represented by his father, the learned Tribunal awarded the aforesaid compensation indicated supra and directed the insurer to discharge the pecuniary liability of paying the compensation to the injured-claimant. Being aggrieved with the impugned judgment, the insurer has preferred this Appeal interalia on various grounds, but the main ground of challenge herein is the quantum of compensation as awarded to the injured-claimant.
Heard, Mr. G.P. Dutta, learned counsel for the appellant, Mr. Bijayananda Samantaray, learned counsel for R-1 and Mr. Kapila Charan Nayak, learned counsel for R-2 in the matter and perused the record.
After having considered the rival submission upon perusal of record, the facts being not disputed, the only challenge of the insurer to the quantum of compensation is taken up for consideration, but before quantifying the compensation, this Court on a thorough negotiation and discussion with the learned counsel for the parties, proposes a sum of Rs.65,00,000/- together with the simple interest(SI) @ 6% per annum w.e.f. the date of filing of claim application on 17.08.2022 till the actual realization as full and final settlement of compensation in the Appeal and seeks the response of the learned counsel for the parties, to which Mr. Bijayananda Samantaray, learned counsel for R-1-cum-injured immediately agrees and accepts such proposal by filing a memo, whereas Mr. G.P. Dutta, learned counsel for insurer without disputing such proposal leaves it to the discretion and conscience of this Court to pass appropriate order. Mr. Kapila Charan Nayak, learned counsel for R-2 also leaves it to the discretion of this Court for awarding appropriate compensation, but he, however, submits that the proposal is not only in the interest of justice, but also is just.
In the aforesaid facts and situation and taking into account the law laid down by Apex court in Taslim Parvin & Another vrs. (Smt.) Usha Devi & Another; 2018(2) TAC 22 (SC), since the claimant-respondent agrees and accepts the proposal of the Court through his counsel and the counsel for the appellant-insurer without disputing such proposal leaves it to the discretion of the Court, it is considered that the interest of justice would be best served, if the compensation amount is reduced to Rs.65,00,000/- (Rupees Sixty Five Lakhs only) together with simple interest @ 6% per annum w.e.f. the date of filing of the claim application i.e. on 17.08.2022 till its realization which shall be payable by the insurer-R2 to the respondent-claimant within eight weeks hence.
In the result, the Appeal is accordingly disposed of with modification of compensation to Rs.65,00,000/-(Rupees Sixty Five Lakhs) together with simple interest @ 6% per annum w.e.f. the date of filing of the claim application i.e. 17.08.2022 till its realization. This Court, accordingly directs the insurance company to pay the aforesaid compensation amount within eight weeks hence and in case of deposit of the modified compensation amount, the same shall be disbursed to the claimant-respondent in terms of the award. The statutory deposit together with the accrued interest thereon be refunded back to the insurer upon production of proof of deposit of modified compensation before the Tribunal.