Partly allowed

Legal Manager,H.D.F.C.,Ergo G.I.Co.Ltd. v. Uttam Ku.Barik

Orissa HC8 Oct 2015MACA/794/2015

Case brief

AI extract

What is this about?

Single judge appeal where the Insurance Company appealed against an award of Rs. 1,45,300 by the Motor Accident Claims Tribunal. The court modified the compensation amount to Rs. 1,20,000 and issued directions for deposit and further recovery.

What did the court decide?

Award of Rs. 1,45,300 modified to Rs. 1,20,000; appellant directed to deposit modified amount with Tribunal within six weeks.

Legal Manager,H.D.F.C.,Ergo G.I.Co.Ltd. Vs Uttam Ku.Barik — Motor Accident Claims | Orissa HC (2015)

¶1

 MACA NO.794 OF 2015

¶2

08.10.2015 Heard learned counsel for the parties.

¶3

 This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 18.5.2015, passed by the learned Motor Accident Claims Tribunal-I, Bhadrak, in MAC Case N
o.39 of 2013, awarding an amount of Rs.1,45,300/- as compensation along with interest @ 7% per
 annum from the date of the application, till realization.

¶4

 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.1,45,
300/-is modified and reduced to Rs.1,20,000/-, which shall be payable to the claimant along wi
th the awarded interest. The impugned award is modified to the said extent.

¶5

 It is open for the appellant-Insurance Company to seek recovery of the compe
nsation amount from the owner of the vehicle, if recoverable in accordance with law.
 The appellant-Insurance Company is directed to deposit the modified compensa
tion amount of Rs.1,20,000/- 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.

¶6

 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.

¶7

 Issue urgent certified copy as per rules.

¶8

 (S.C.PARIJA, J.)

¶9

Legal Manager,H.D.F.C.,Ergo G.I.Co.Ltd. v. Uttam Ku.Barik

Case brief

What is this about?

What did the court decide?

Legal Manager,H.D.F.C.,Ergo G.I.Co.Ltd. v. Uttam Ku.Barik

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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