ORDER
S.C. Parija, J.
1. Cost is stated to have been paid and receipt filed.
Though the matter was listed for orders with the consent of the parties, the same is being taken up for final disposal.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Insurance Company challenging the judgment/award dated 01.02.2006 passed by the First Motor Accident Claims Tribunal, Cuttack, in M.V. Misc. Case No. 1215 of 2000, awarding an amount of Rs. 25,000/- as compensation along with interest @ 6% per annum.
3. Learned Counsel for the Insurance Company submits that there being no police record to support the fact of accident involving the vehicle (Scooter) bearing No. OR-04-A/2762, the learned Tribunal erred in passing the impugned award. In this regard, it is submitted that the entire claim appears to be a set up, inasmuch as, the owner of the scooter has filed a written statement admitting the fact of accident but did not appear during hearing of the case before the learned Tribunal. It is further submitted that the award of compensation amount on the basis of the injuries suffered, is improper and excessive, in absence of authentic police paper to support the fact of accident and specific evidence of the treating doctor in support of such injury and the disability, if any, suffered by the claimant.
4. A perusal of the impugned award would show that the claimant, who is a member of this Bar has adduced evidence of eye-witness in support of the accident and also the treating physician in support of the injury suffered and the extent of disability caused due to such accident. Mere non-filing of the FIR cannot be fatal for the purpose of adjudicating the case under the M.V. Act. In the present case, the claimant having adduced oral and documentary evidence in support of the accident and the injury suffered, it cannot be said that there was no material on record to pass the impugned award.
5. Considering the findings of the Tribunal as given in the impugned award and the reasons assigned in support of the same, no impropriety or illegality can be said to have been committed by the learned Tribunal, so as to warrant any interference by this Court. However, keeping in view the nature and extent of injury suffered, I feel the interest of justice would be best served if the compensation amount of Rs. 25,000/- is modified and reduced to Rs. 15,000/-. The interest awarded thereon @ 6% per annum is modified and enhanced to 7.5% per annum. Accordingly the claimant is entitled to the compensation amount of Rs. 15,000/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e., 25.10.2000 till the payment/deposit is made. The impugned award is modified to that extent only.
6. Learned Counsel for the Insurance Company undertakes to deposit the modified compensation amount of Rs. 15,000/- along with interest @ 7.5% per with the learned Tribunal within six weeks from today. On deposit, the same shall be disbursed to the claimants. The statutory amount deposited before the Registry of this Court shall be refunded to the Insurance Company on production of receipt of deposit of the modified compensation amount and interest before the Tribunal. The MACA is accordingly disposed of.