Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.749 of 2023 CNR No. ODHC010599142023 Tata Aig G.I.C.O. Ltd. ..... Appellant Represented by Adv. - Rimjhim Bala Pati -versus- Snigdhamayee Purohit and others ..... Respondents Represented by Adv. - M/S JAGABANDHU SAHU, S.SRICHANDAN MACA No.801 of 2023 Snigdhamayee Purohit and others ..... Appellants Represented by Adv. – Jagabandhu Sahu -versus- Narendra Meher and another ..... Respondents Represented by Adv. - CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.07.2026 Order No. 07. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). Page 2 of 5. 2. Heard learned counsel for the Appellant-Insurance Company as well as the Respondents-Claimants. 3. One of the abovenoted appeals have been filed by the Insurance company and the other has been filed by the Claimants. MACA No.749 of 2023 is an appeal preferred by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 thereby challenging the impugned award and judgment dated 27.04.2023 passed in MAC Case No.68 of 2018 by the learned 1st Motor Accident Claims Tribunal, Bolangir. 4. Similarly MACA No.801 of 2023 is an appeal preferred by the Claimant-Appellant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the very same judgment and award dated 27.04.2023 passed in MAC case No.68 of 2018 by the very same Tribunal. 5. Since the both the appeals filed at the instance of the Insurance Company as well as the claimants seek to challenge the very same judgment and award dated 27.04.2023 passed in MAC No.68 of 2018 by the learned 1st Motor Accident Claims Tribunal, Bolangir, both appeals were taken up together for hearing and are being disposed of by the following common order. 6. Learned counsel for the Appellant in MACA No.749 of 2023, at the outset, contended that the Insurance Company being aggrieved by the judgment and award dated 27.04.2023 has approached this Court by filing the present appeal. The impugned judgment is being assailed principally on the ground that the Page 3 of 5. learned Tribunal, while calculating the income of the deceased has taken note of certain incomes derived from bank deposit/fixed deposit account in the name of the deceased, kept in different back accounts. As such, it was argued that the inclusion of such interest element on the deposit in the income of the Petitioner while calculating his income for the purpose of determination of his total income to fix the quantum of compensation was not a correct approach. Accordingly, learned counsel for the Insurance company contended that the learned Tribunal has committed a procedural irregularity, as a result of which, the quantum of compensation that has been awarded by the Tribunal is not correct and the same is liable to be set aside. 7. Likewise, the learned counsel for the Claimant-Appellant in MACA No. 801 of 2023 submitted before this Court that the impugned judgment and award dated 27.04.2023 has been challengeed with a prayer for enhancement of the quantum of compensation, since the learned Tribunal has failed to determine the correct income of the deceased. He further contended that taking into consideration the number of dependants of the deceased, the correct deduction should have been one fourth instead of one third which has been adopted by the learned Tribunal while determining the quantum of compensation amount. On such ground, learned counsel for the Appellant assailed the impugned judgment and prayed that the same be set aside as it is unsustainable in law. Page 4 of 5. 8. Considering the submissions made by the learned counsels appearing for the Appellants in both cases, further on a close scrutiny of the factual background of the present case as well as on a close scrutiny of the impugned award dated 27.04.2023, this Court observes that the dispute involved in both appeals can very well be resolved in the spirit of the Lok Adalat through the mechanism of Mediation. Accordingly, this Court requested the Parties to settle the matter amicably. Learned counsel for the claimant, on instruction, submitted that the claimant would be satisfied if the total compensation amount is modified to Rs.20,80,000/- along with 6% interest per annum from the date of filing of the claim application. 9. Learned counsel appearing for the Insurance Company although initially objected to it, however eventually left it to the discretion of the Court. On a careful analysis of the grounds taken in both the appeals, this Court is of the view that in the event the compensation amount is modified to Rs.20,80,000/- in place of the total awarded compensation amount of Rs.21,17,953/-, the same would serve the ends of justice and to which the counsels appearing for both sides did not raise any serious objection. Accordingly, both the appeals are hereby disposed of in the spirit of Lok Adalat by modifying the judgment and award dated 27.04.2023 to the extent that the total awarded compensation shall now be Rs.20,80,000/- in place of Rs.21,17,953/- and, the interest payable by the company is modified to 6% per annum from the date of filing of the claim application till actual payment. All other conditions in the Page 5 of 5. ordering portion of the judgment and award dated 27.04.2023 shall remain intact. Let the compensation amount, as modified hereinabove, be disbursed in terms of the ordering portion of the order dated 27.04.2023. 10. Accordingly, the Insurance Company is directed to deposit the entire compensation amount within 8 weeks from today. It is further directed that in the MACA No.749 of 2023, in the event the appellant-company files a proper application for return of the statutory deposit, the same shall be returned along with the accrued interest. 11. In view of the aforesaid order, both the appeals stands disposed of. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT