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Judgment
B. P. Routray, J
The matter is taken up through hybrid mode.
Heard Mr. S. Satpathy, learned counsel for the insurer – Appellant and Mr. M.K. Pradhan, learned counsel for claimant – Respondent No.1.
Present appeal by the insurer - Appellant is directed against the impugned common judgment dated 25th October, 2017 of learned 3rd MACT, Bhubaneswar passed in MAC Case No.368 of 2004 and 378 of 2004. Present appeal is in respect of MAC Case No.368 of 2004, wherein compensation to the tune of Rs.3,95,500/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 10th August, 2004 has been granted on account of death of deceased Sanjibit Mishra in the motor vehicular accident dated 15th May, 2004.
Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.3,25,000/- with 6% interest is proposed to the parties. This is agreed Mr. Pradhan, learned counsel for the claimant – Respondents and Mr. Satpathy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.
In the result the appeal is disposed of with a direction to the insurer – Appellant to deposit the modified compensation amount of Rs.3,25,000/- (three lakhs twenty-five thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 10th August, 2004, 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.
However the direction of the tribunal for payment of penal interest @ 8% is waived.
As prayed for by Mr. Satpathy, the appellant is at liberty to proceed against the other tort-feasor in accordance with law.
The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded 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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