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Judgment
B. P. Routray, J
The matter is taken up through Hybrid mode.
Heard Mr.Khan learned counsel for Appellants and Mr.Pattnaik, learned counsel for Respondent No.1-3.
Present appeal by the claimants is directed against the judgment dated 22nd February 2023 of 3rd Addl. District Judge-cum-4th M.A.C.T., Cuttack, in M.A.C. Case No.707 of 2019, wherein compensation to the tune of Rs.55,26,175.2/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 5th March 2019.
Upon hearing both parties and considering all such grounds of challenge advanced, including deduction of statutory tax amount from the income of the deceased, a reduced of Rs.49,76,000/- along with interest @6% per compensation annum is proposed to the parties in course of hearing. This is agreed by Mr.Pattnaik, learned counsel for the claimants. Mr. Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.
The Insurer-Appellant is directed to deposit the reduced compensation of Rs.49,76,000/- (Forty nine lakhs seventy six thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal. The direction for payment of penal interest @12% per annum is waived.
With aforesaid modification in the compensation amount, the appeal is disposed of.
The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.
Urgent certified copy of this order be granted on proper application.
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