Allowed

D.M.,B.a.G.I.Co.Ltd. v. Brahma Kalandi and Anr.

Orissa HC15 Oct 2015MACA/729/2012

Case brief

AI extract

What is this about?

An appeal by an Insurance Company against an award passed by the Motor Accident Claims Tribunal, Keonjhar. The High Court reduced the awarded compensation from Rs. 2,27,200 to Rs. 1,80,000 and directed the insurance company to deposit the modified amount within six weeks.

What did the court decide?

The compensation amount is reduced to Rs. 1,80,000. Deposited amount shall be disbursed to the claimant proportionately upon deposit in six weeks.

This appeal by the appellant-Insurance Company is directed against the judgment/award d ated 10.5.2012, passed by the learned 1st Motor Accident Claims Tribunal, Keonjhar, in MAC Cas e No.74 of 2009, awarding an amount of Rs.2,27,200/- as compensation along with interest @ 6% per annum from the date of filing of the claim application, to be deposited within one month, failing which interest @ 9% per annum shall be payable, 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.2,27, 200/- is modified and reduced to Rs.1,80,000/-, which is payable to the claimant along with th e 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.1,80,000/- 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 claimant proport ionately 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.

D.M.,B.a.G.I.Co.Ltd. v. Brahma Kalandi and Anr.

Case brief

What is this about?

What did the court decide?

D.M.,B.a.G.I.Co.Ltd. v. Brahma Kalandi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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