Partly allowed

Manager,Icici Lombar v. Sumati Pradhan

Orissa HC7 Oct 2015MACA/261/2014

Case brief

AI extract

What is this about?

The Single Judge modified the compensation award in a motor accident case, reducing the sum from Rs. 5,57,000 to Rs. 5,00,000, and directed the Insurance Company to deposit the reduced amount along with interest.

What did the court decide?

Modifying the Tribunal's award to Rs. 5,00,000 and directing the appellant Insurance Company to deposit the amount with interest within six weeks.

This appeal by the Insurance Company is directed again st the judgment/award dated 13.12.2013, passed by the learned First Motor Accident Claims Trib unal, Angul, in M.A.C. Case No.49 of 2008, awarding an amount of Rs.5,57,000/- as compensation along with interest @ 7% per annum from the date of filing of the claim application, i.e. 23. 07.2008, till realization.

Considering the submissions made by learned counsel fo r the parties and keeping in view the findings of the learned Tribunal as given in the impugne d award with regard to the quantum of compensation amount awarded and the basis on which the s ame has been arrived at, I feel, the interest of justice would be best served if the awarded c ompensation amount of Rs.5,57,000/- is modified and reduced to Rs.5,00,000/- (rupees five lakh s), which is payable to the claimants-respondent nos.1 to 6 along with the awarded interest. The impugned award is modified to the said extent.

The appellant-Insurance Company is directed to deposit the mod ified compensation amount of Rs.5,00,000/-(rupees five lakhs) along with the awarded interest with the learned Tribunal within six weeks hence. On deposit of the said amount, the same shal l be disbursed to the claimants-respondent nos.1 to 6 proportionately as per the direction of the learned Tribunal given in the impugned award.

The statutory amount deposited in the Registry of this Court along wit h the accrued interest thereon shall be refunded to the appellant-Insurance Company, on filing of receipt showing deposit of the modified compensation amount and interest before the learne d Tribunal.

Manager,Icici Lombar v. Sumati Pradhan

Case brief

What is this about?

What did the court decide?

Manager,Icici Lombar v. Sumati Pradhan

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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