Appellate court modified the Motor Accident Claims Tribunal's award reducing compensation from Rs. 7,07,000 to Rs. 6,85,000 while maintaining interest. Directs Insurance Company to deposit the reduced amount within six weeks.
Award reduced to Rs. 6,85,000. Insurance Company directed to deposit modified amount with interest within six weeks.
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MACA NO.325 OF 2015
Heard learned counsel for the parties.08.10.2015
This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 27.12.2014, passed by the learned 1st Addl. District Judge -cum- 1st Motor Accident Claim
s Tribunal, Cuttack, in MAC Case No.123 of 2012, awarding an amount of Rs.7,07,000/- as compen
sation along with interest @ 6.5% per annum from the date of the application, till realization
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.7,07,
000/- is modified and reduced to Rs.6,85,000/-, which shall be payable to the claimants along
with the awarded interest. The impugned award is modified to the said extent.
The appellant-Insurance Company is directed to deposit the modified compensa
tion amount of Rs.6,85,000/- 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.
(S.C.PARIJA, J.)
4
1 issue framed by the court
Whether the compensation amount awarded in the Motor Accident Claims Tribunal case should be reduced?
Appellant-Insurance Company
Claimants
S.C.Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court