Partly allowed

Divisional Manager,Oriental Insurance Co.Ltd. v. Sabitri Behera

Orissa HC6 Oct 2015MACA/230/2015

Case brief

AI extract

What is this about?

Insuring Company appealed an MAC Tribunal award. The court condoned a two-day filing delay and, justifying the adjustment on justice grounds, modified the awarded compensation from Rs. 13.40 lakh to Rs. 10.50 lakh and directed deposit.

What did the court decide?

Compensation amount awarded by the Tribunal was modified from Rs. 13,40,000/- to Rs. 10,50,00/-; appellant directed to deposit modified amount.

Divisional Manager,Oriental Insurance Co.Ltd. Vs… — Motor Accident Claims | Orissa HC (2015)

¶1

MACA NO.230 of 2015

¶2

 06.10Misc. Case No.2015970 of 2015

¶3

 This is an application for condonation of delay of 02 days in filing the appeal.
 Considering the submissions made and grounds taken in the application, delay in filing
 the appeal is condoned.

¶4

 Misc.Case is accordingly disposed of.

¶5

 (S.C.PARIJA, J.)

¶6

 MACA NO.230 of 2015

¶7

 06.10.2015

¶8

 Though this matter was listed for orders today, on consent of the learned counsel for t
he parties, the same is taken up for final disposal.
 Heard learned counsel for the parties.

¶9

 This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 18.11.2014, passed by the 2nd Motor Accident Claims Tribunal, Northern Division, Sambalpu
r, in MAC Case No.208 of 2011 (Keonjhar), awarding an amount of Rs.13,40,000/- as compensation
 along with interest @ 6% per annum from the date of filing of the claim application, till rea
lization.

¶10

 Considering the submissions made and keeping in view the findings of the learned Tribu
nal given in the impugned award with regard to the quantum of compensation amount awarded and
the basis on which the same has been arrived at, I feel, the interest of justice would be best
 served, if the awarded compensation amount of Rs.13,40,000/- is modified and reduced to Rs.10
,50,000/-(rupees Ten Lakhs Fifty Thousand), which is payable to the claimants along with the a
warded interest. The impugned award is modified to the said extent.

¶11

 The appellant-Insurance Company is directed to deposit the modified compensation amoun
t of Rs.10,50,000/-along with the awarded interest with the learned Tribunal within 6 weeks he
nce. On deposit of the amount, the same shall be disbursed to the claimants proportionately, a
s per the direction of the learned Tribunal given in the impugned award. It is open for
 the appellant-Insurance Company to seek recovery of the compensation amount from the owner of
 the vehicle, if recoverable, in accordance with law.

¶12

 The statutory amount deposited in the Registry of this Court along with the accrued in
terest thereon shall be refunded to the appellant-Insurance Company, on production of receipt
showing deposit of the modified compensation amount and interest with the Tribunal.
 MACA is accordingly disposed of.

¶13

 Issue urgent certified copy as per rules.

¶14

.)

¶15

Divisional Manager,Oriental Insurance Co.Ltd. v. Sabitri Behera

Case brief

What is this about?

What did the court decide?

Divisional Manager,Oriental Insurance Co.Ltd. v. Sabitri Behera

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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