Partly allowed

Authorised Signatory,Future Generali India Inmsurance Co.Ltd. v. Rasmita Behera

Orissa HC15 Oct 2015MACA/809/2015

Case brief

AI extract

What is this about?

The High Court allowed the appeal filed by the Insurance Company against the motor accident claim award. The court modified the awarded compensation from Rs. 8,48,000 to Rs. 7,50,000 and directed deposit of the reduced amount.

What did the court decide?

The impugned award was modified to reduce compensation to Rs. 7,50,000; deposit of the modified amount ordered within six weeks.

Authorised Signatory,Future Generali India Inmsurance… — Motor Accident Claims | Orissa HC (2015)

¶1

M.A.C.A. No.809 of 2015

¶2

06. 15.10.2015 Deficit court fee paid late be accepted.

¶3

 Heard learned counsel for the parties.

¶4

 Though the matter was listed for orders, on the consent of the
 parties, the same is being taken up for final disposal.

¶5

 This appeal by the Insurance Company is directed again
st the judgment/award dated 27.04.2015, passed by the learned Fourth Motor Accident Claims Tri
bunal, Angul, in M.A.C. No.93 of 2013, awarding an amount of Rs.8,48,000/- as compensation alo
ng with interest @7% per annum, to be deposited within two months from the date of filing of t
he claim application, till realization.

¶6

 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.8,48,000/- is modified and reduced to Rs.7,50,000/- (rupees seven lak
hs fifty thousand), which is payable to the claimants along with the awarded interest. The imp
ugned award is modified to the said extent.

¶7

 The appellant-Insurance Company is directed to deposit the mod
ified compensation amount of Rs.7,50,000/- (rupees seven lakhs fifty thousand) along with the
awarded interest with the learned Tribunal within six weeks hence. On deposit of the said amou
nt, the same shall be disbursed to the claimants proportionately as per the direction of the l
earned Tribunal given in the impugned award.

¶8

 The amount deposited by way of A/c. payee cheque towards statu
tory deposit be returned to the appellant-Insurance Company forthwith.

¶9

 M.A.C.A. is accordingly disposed of.

¶10

 S.C.Parija, J.

¶11

¶12

uks

Authorised Signatory,Future Generali India Inmsurance Co.Ltd. v. Rasmita Behera

Case brief

What is this about?

What did the court decide?

Authorised Signatory,Future Generali India Inmsurance Co.Ltd. v. Rasmita Behera

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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