In this appeal by an Insurance Company against an accident compensation award, the Court reduced the awarded sum to Rs.3,75,00/. The Company was directed to deposit the reduced amount plus interest with the Tribunal within six weeks before disbursal
Compensation reduced to Rs.3,75,00/-; appellant directed to deposit modified amount with interest in six weeks.
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MACA NO.252 OF 2010
15.10.2015 Heard learned counsel for the parties.
This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 09.9.2008, passed by the learned 1st Motor Accident Claims Tribunal, Dhenkanal, in MAC Ca
se No.315 of 2004, awarding an amount of Rs.3,95,000/- as compensation along with interest @ 9
% per annum from the date of filing of the claim application, till payment.
Considering the submissions made by the learned counsel for the parties and keeping in
view the findings of the learned Tribunal given in the impugned award with regard to the quan
tum 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.3,95,
000/- is modified and reduced to Rs.3,75,000/-, which is payable to the claimants along with t
he awarded interest. The impugned award is modified to the said extent.
It is open for the appellant-Insurance Company to seek recovery of the compe
nsation amount from the owner of the vehicle, as has been observed by the learned Tribunal in
the impugned award.
The appellant-Insurance Company is directed to deposit the modified compensa
tion amount of Rs.3,75,000/- along with the awarded interest with the learned Tribunal within
six weeks hence. On deposit of the amount, the same shall be disbursed to the claimants propor
tionately as per the direction of the learned Tribunal given in the impugned award.
The statutory amount deposited in the Registry of this Court along with the accrued i
nterest 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.
Issue urgent certified copy as per rules.
3
2 issues framed by the court
Whether the compensation award of Rs.3,95,000/- by the Motor Accident Claims Tribunal requires modification to ensure justice.
Whether the Insurance Company is directed to deposit the modified compensation amount before disbursement to claimants.
Appellant-Insurance Company
Claimants
Unnamed Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court