IN THE HIGH COURT OF ORISSA AT CUTTACK M.A. No.83 of 2000 The New India Assurance Company Ltd. …. Petitioner Mr.Mohitosh Sinha, Advocate -versus- Mahazabin Khatun and others …. Contemnor Mr.S.N.Das,A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 15.12.2023 30 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This matter has been listed on the basis of the note put up before this Court by the Registrar(Judicial) dated 14.12.2023. On perusal of the aforesaid note sheet, it appears that the Claimant-respondents have written a letter to the Hon’ble Chief Justice alleging that the compensation amount as awarded in M.A. No.83 of 2000 arising out of MAC No.266 of 1997 before the 1st MACT, Sambalpur have not been disbursed. Accordingly, by the order of the Hon’ble Chief Justice , learned Registrar (Judicial) has put up this matter before this Bench for passing necessary orders in the present Misc.Appeal, which has been disposed of vide order dated 28.07.2008. 3. On perusal of the order sheet dated 28.07.2008, it appears that the present Misc.Appeal was heard by a coordinate Bench in the year 2008 and the Misc.Appeal has been disposed of by the leaned coordinate Bench holding that there is no illegality or impropriety in the award/judgment passed by the 1st MACT, Sambalpur in the aforesaid MAC Case No.266 of 1997. However while disposing of the appeal, this Court modified the interest awarded by the Tribunal and the same // 2 // has been directed to be paid at the rate of 6% on the compensation amount from the date of filing of the Claim Petition till the amount is deposited. In sum and substance, the judgment/award of the Tribunal has been held in the present appeal that the only modification with regard to the payment of interest. The Tribunal had earlier awarded Rs.1,75,000/- to the Claimants vide award/judgment dated 17.09.1999. 4. On perusal of the note submitted by the learned Registrar (Judicial), it appears that though initially the matter was compromised before the State Level Lok Adalat and the Insurer has agreed to pay Rs.1,75,000 to the claimant subject to the condition that the driver of the offending vehicle must have effective and valid licence. However, subsequently the injured filed a petition before the MACT Tribunal to recall the aforesaid order regarding conditional compromise and to hear the matter on merit on the ground that the driver of the offending vehicle did not have a valid licence on the date of the accident. Learned 1st MACT, Sambalpur vide order dated 28.07.2008 rejected the said Petition filed by the injured and directed the Company to deposit the awarded amount along with interest at the rate of 12% per annum. Thereafter the Insurer has preferred an appeal which has been disposed of by order dated 17.09.1999 and the final order has already been discussed herein above. Further, it appears from the report of the learned Registrar (Judicial) that initially the Company had deposited a sum of Rs.25,000/- towards statutory deposit and pursuant to order dated 16.10.2001 passed in M.C.No.1326 of 2001 the insurer has deposited a sum of Rs.1,50,000/- before the Registry of this Court. Although the appeal was disposed of by this Court vide order dated 28.07.2008 however, the awarded amount could not be disbursed in favour of the claimant because the difficulties narrated in the report submitted by the Registrar(Judicial) before this Court. It appears that before the amount could be disbursed, some of the claimants have died // 3 // in the meantime. Accordingly, apportionment of the share is required to be recalculated. Further, in absence of any cooperation from the side of the claimants, the Registry of this Court could not process the matter and the amount could not be disbursed. The report further reveals that the Claimants have filed M.C.No.110 of 2009 for modification of the order dated 28.07.2008 for apportionment of the share of the deceased claimant amongst the surviving claimants. By order dated 15.12.2009, this Court has directed that the compensation amount be equally distributed amongst the surviving four claimants. Since no refund application was submitted by the Claimants and the cheque submitted by the Insurance Company towards interest became invalid, the same created a hurdle in processing and disbursing the awarded amount in favour of the Claimants. Although the cheque which had become invalid was subsequently validated by the insurance Company in the meantime. Although a refund application has been filed by the Claimants, but the same could not be processed as the date of filing of claim application was not available in the record for calculation of interest. Moreover, a judicial order was passed in the disposed of appeal directing the Claimant to file a certified copy of the order showing the date of filing of the Claim application. Accordingly, the Claimants filed the certified copy showing the date of filing of the Claim application to be 06.11.1997. Further, another application was filed in the year 2013 by the Claimants alleging that the compensation amount has not been properly calculated. By Order No.20 dated 27.07.2015 this Court directed the Registry to verify the record/judgment with regard to verification of date of application and disburse the amount to the claimant within two weeks. On calculation the Registry found that there is a shortfall in the awarded interest amount as deposited by the Insurer. Accordingly, another direction was given by this Court to recalculate the interest. On such calculation there was a shortfall in the interest // 4 // calculation, therefore, the insurance company was directed to compensate the shortfall of amount of Rs.2861/-. Thereafter, again the refund application was processed by the Registry. On such processing the Registry found name of one of the Claimant Md.Chand (Respondent No.2) in the appeal does not tally with PAN Card. In the Pan his name has been mentioned as Md.Danish. On 30.04.2016 the abovenamed Md.Danish filed an affidavit stating that he is the son of late Md.Kazim and Md.Chand is his other name and that his correct name which is no more Md.Danish has been reflected in the Adhar Card. Further, as per the affidavit filed,Md.Danish and Md. Chand is one and same person. Accordigly, this Court vide order dated 08.11.2017 directed the Registry to disburse the compensation amount to the Respondent No.2. Another Misc.Case was filed in the year 2018 for modification of the order dated 08.11.2017 to replace the name of Md.Danish in place of Md.Kazim. However, the said application was dismissed as withdrawn on 09.05.2018 by this Court on the prayer of the aforesaid persons with liberty to move the Tribunal for change of his name. 5. While he matter stood thus, the Claimants filed I.A. no.08 of 2018 for a direction to the Registry to transfer the record to the 1st M.A.C.T., Sambalpur and for further direction to the Insurance Company to deposit the awarded amount before the 1st MACT, Sambalpur. This Court vide order dated 19.11.2018 directed the Registry to immediately transmit the record, if any to the 1st MACT along with a direction to disburse the compensation amount if the refund application was in order. While this was the position the Claimant namely, Mahazabin Khatun, Md.Chand and Md.Anis have given a grievance letter to the Hon’ble Chief Justice alleging delay in disbursal of the compensation amount and that in the meantime another Claimant Zohara Begum also died. Along with their letter they have // 5 // submitted copy of the Adhar Card and death certificate of the above named Claimant Zohara Begum. Further, in the said letter, prayer has been made to deposit the compensation amount in their respective Bank Account. 6. In the aforesaid backdrops, learned Registrar (Judicial) has placed the matter before this Court along with his detailed note. On a careful consideration of the entire factual background and the development that has taken place subsequently after disposal of the appeal, this Court is of the view that the documents along with letter are not supported by any affidavit. Therefore, this Court cannot take cognizance of documents which are not supported by affidavit. Moreover, the authority of letter is required to be verified before acting on such letter. On a careful consideration of the entire factual background, this Court deems it proper to direct the Registry to transmit a copy of the entire record pertaining to the aforesaid MAC case to the 1st MACT, Sambalpur. The amount deposited by the Insurance Company be also transmitted to the Court of the 1st MACT, Sambalpur. Further, the Registry shall intimate the Claimants to appear before the 1st MACT, Tribunal, Sambalpur on 05.02.2024 along with the required documents. On their appearance before the 1st MACT, Sambalpur, learned Tribunal shall take necessary steps for disbursal of the awarded amount in favour of the Claimant after verifying their genuineness, if possible learned Tribunal shall make an endeavour to transfer the amount to the bank accounts of the Claimants if the authenticity of the Claimants is established by the applicant by necessary affidavit before the 1st M.A.C.T., Sambalpur. The learned M.A.C.T. is further directed to treat the matter as utmost urgency and ensure that the awarded amount is disbursed proportionately amongst the surviving Claimants within a period of two weeks from the date of appearance of the Claimants before the Tribunal if the aforesaid direction is complied by // 6 // the Claimants. Further, it is open to the 1st MACT, Sambalpur to adopt any other mechanism for disbursement of the awarded amount as per law. A copy of this order be also communicated to the learned 1st MACT, Sambalpur and he is directed to submit a compliance report after the order is complied with in the manner as has been directed herein above. The Registry is directed to make any endeavour to communicate the present order as well as the day i.e. “05.02.2024” on which date the Claimants shall appear before the 1st MACT, Sambalpur. RKS ( A.K. Mohapatra ) Judge Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 26-Dec-2023 11:02:36 Signature Not Verified