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Judgment
B. P. Routray, J
The matters are taken up through hybrid mode.
Heard Mr. A.A. Khan, learned counsel for the insurer and Mr. P.K. Mishra, learned counsel for the claimants.
Both the appeals being arise out of same impugned judgment, are heard together and disposed of by this common order.
The appeals are against judgment dated 6th January, 2020 of learned 1st MACT, Puri passed in MAC Case No.202 of 2014, wherein compensation to the tune of Rs.82,39,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 19th June, 2014 has been granted on account of death of deceased Biswa Ranjan Swain in the motor vehicular accident dated 23rd February, 2014.
MACA No.540 of 2020 has been filed by the insurance company challenging the award. MACA No.682 of 2020 has been filed by the claimants for enhancement of the compensation amount. The challenge from both sides is concentrated on quantification of compensation amount dependent on the income of deceased.
Upon hearing both parties and considering all such grounds of challenge advanced by them, and considering the I.T. Returns filed for the Assessment Years 2011-12 to 2014-15, a reduced compensation of Rs.75,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Khan, 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 both the appeals are disposed of with a direction to the insurance company, i.e., IFFCO TOKIO General Insurance Company Ltd. to deposit the modified compensation amount of Rs.75,00,000/- (seventy five lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 19th June, 2014, 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 learned tribunal.
The statutory deposit made by the insurer - Appellant in MACA No.540 of 2020 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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