MACA No.531 of 2026

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IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA NO.531 of 2026

CNR No. ODHC010398652026

(In the matter of application under Section-173(1) of

M.V. Act, 1988).

M/S. National Insurance

Company Ltd., Cuttack

… Appellant

-versus-

Sumitra Malik and others … Respondents

For Appellant : Ms. S. Das, Advocate

For Respondents

: Mr. D. Patnaik, Advocate

(R-1 to 4)

CORAM: JUSTICE G. SATAPATHY

DATE OF HEARING AND JUDGMENT: 23.09.2026

G. Satapathy, J.

1. This is an appeal by M/s. National Insurance

Company Ltd. (In short “the insurer”) challenging the

impugned judgment dated 17.01.2026 passed by learned

1

st

Motor Accident Claims Tribunal, Cuttack(in short “the

tribunal”) in MAC Case No.241 of 2021 directing the

insurer to pay compensation of Rs.18,56,050/- to the R1

to 4-cum-claimants along with simple interest @ 6% per

annum w.e.f. 10.03.2021 till actual realization with

further relief to the insurer to recover the said amount

from R5.

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2. The facts in this case being not disputed is

only extracted in precise. In an accident which took place

on 04.02.2021, the deceased Ananta Malik while coming

along with his father was allegedly hit by one Truck

bearing Regd. No.OD-09K-2187 (hereinafter referred to

as “the offending vehicle”) died at the spot with injury to

his father. On this accident, upon FIR being lodged, the

matter was investigated into , which culminated in

submission of charge sheet against the driver of the

offending vehicle in Balichandrapur PS Case No. 44 of

2021 for offences U/Ss. 279/ 337/ 304(A) of IPC.

Accordingly, a claim being preferred by the dependents of

the deceased, the learned tribunal after appreciating the

evidence upon hearing the parties and on going through

the records passed the impugned judgment directing the

payment of compensation indicated supra to R1 to 4 .

Being aggrieved, the Appellant-Insurer has preferred this

appeal interalia on various grounds, but only confining its

challenge at the time of hearing of the appeal to the

quantum of compensation awarded to the claimants .

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3. Heard, Ms. Sudhamayee Das , learned

counsel for the appellant-insurer and Mr. Debasish

Patnaik, learned counsel for R1 to 4 in the matter and

perused the record. On the prayer of the learned counsel

for the parties, the notice issued against R5-cum-owner

of the offending vehicle stands dispensed with, since he

was set exparte by the tribunal vide order dated

03.07.2024 and the same having not been challenged in

any forum.

4. After having considered the rival submission

upon perusal of record, it appears that the Insurance

Company mainly challenge s the quantum of

compensation, but this Court does not find any serious

flows in computing compensation by the learned tribunal,

however, on discussion and negotiation with the learned

counsel for the parties and taking into account the

immediate requirement of compensation by the

claimants, this Court proposes to the parties an amount

of Rs. 15,56,000/- along with interest @ 6 % per annum

with right to recovery to the Appellant remaining

undisturbed and seeks the response of the learned

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counsel for the parties, to which Mr. Debasish Patnaik,

learned counsel for the claimants-Respondent Nos. 1 to 4

by filing a memo agrees and accepts the proposal,

whereas Ms. Sudhamayee Das, learned counsel for the

appellant-insurer leaves it to the discretion of this Court.

5. 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 Nos. 1 to 4 agrees to the proposal of the

Court through their counsel and the counsel for the

appellant-insurer without disputing to such proposal

leaves it to the discretion of the Court, it is considered

that interest of justice would be best served, if the

compensation amount is reduced to Rs. 15,56,000/-

together with interest @ 6% per annum w.e.f. the date of

filing of the claim application i.e. 10.03.2021 till its

realization which shall be paid by the insurer to the

surviving claimants-respondents.

6. In the result, the appeal is accordingly

disposed of with modification of compensation amount to

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Rs. 15,56,000/-(Rupees Fifteen Lakhs Fifty Six Thousand)

together with interest @ 6% per annum w.e.f. the date of

filing of the claim application i.e. 10.03.2021 till its

realization and this Court accordingly directs the

insurance company to pay the compensation amount

within eight weeks hence. In case of deposit of the

modified compensation amount, the same shall be

disbursed to the claimant-respondents proportionately in

terms of the award and the statutory deposit together

with the accrued interest thereon be refunded back on

receipt of deposit of modified compensation by the

Appellant before the learned Tribunal. It is, however,

clarified that the finding of the learned Tribunal with

regard to grant of right to recovery to the Insurer from R-

5/OP5 stands confirmed.

(G. Satapathy)

Judge

Orissa High Court, Cuttack,

Dated the 23

rd

day of September, 2026/Priyajit