Disposed

R.M.,Legal,T.P.Claim Cell,Oriental Insurance Co.Ltd. v. Krushna Ch.Mohapatra

Orissa HC6 Oct 2015MACA/861/2015

Case brief

AI extract

What is this about?

The Insurance Company appealed against the compensation awarded by the 5th Motor Accident Claims Tribunal. The appellate court accepted the appeal and reduced the awarded compensation amount from Rs. 3,44,000 to Rs. 3,20,000 with interest, directing the insurance company to deposit the modified amount.

What did the court decide?

The compensation amount was reduced from Rs. 3,44,000 to Rs. 3,20,000. The appellant was directed to deposit this modified amount with the Tribunal.

R.M.,Legal,T.P.Claim Cell,Oriental Insurance Co.Ltd. Vs… — Motor Accident Claims | Orissa HC (2015)

¶1

MACA NO.861 of 2015

¶2

 06.10Misc. Case No.20151433 of 2015

¶3

 This is an application for extension of time to pay the deficit Court fee.

¶4

 From the Office note, it reveals that the deficit Court fee has already been paid in t
he meantime.

¶5

 Deficit Court fee paid late be accepted.
 Misc.Case is accordingly disposed of.

¶6

 (S.C.PARIJA, J.)

¶7

 MACA NO.861 of 2015

¶8

 Though this matter was listed for orders today, on consent of the learned counsel for
the parties, the same is taken up for final disposal.
 Heard learned counsel for the parties.

¶9

 This appeal by the appellant-Insurance Company is directed against the judgment/award
dated 30.6.2015, passed by the 5th Motor Accident Claims Tribunal, Khurda, in MACT Misc. Case
No.21 of 2011, awarding an amount of Rs.3,44,000/- as compensation along with interest @ 6% pe
r annum from the date of filing of the claim application i.e.09.3.2011, till realization.
 Considering the submissions made and keeping in view the findings of the learned Trib
unal given in the impugned award with regard to the quantum of compensation amount awarded and
 the basis on which the same has been arrived at, I feel, the interest of justice would be bes
t served, if the awarded compensation amount of Rs.3,44,000/- is modified and reduced to Rs.3,
20,000/-(rupees Three Lakh Twenty Thousand), which is payable to the claimants along with the
awarded interest. The impugned award is modified to the said extent.

¶10

 The appellant-Insurance Company is directed to deposit the modified compensation amoun
t of Rs.3,20,000/-along with the awarded interest with the learned Tribunal within 6 weeks hen
ce. On deposit of the amount, the same shall be disbursed to the claimants proportionately, as
 per the direction of the learned Tribunal given in the impugned award.
 It is open for the appellant-Insurance Company to seek recovery of the compensation am
ount from the owner of the vehicle, if recoverable, in accordance with law.
 The Account Payee cheque deposited towards statutory deposit be returned to the appell
ant-Insurance Company, on filing of receipt showing deposit of the modified compensation amoun
t and interest before the learned Tribunal.

¶11

 MACA is accordingly disposed of.
 Issue urgent certified copy as per rules.

¶12

.)

¶13

R.M.,Legal,T.P.Claim Cell,Oriental Insurance Co.Ltd. v. Krushna Ch.Mohapatra

Case brief

What is this about?

What did the court decide?

R.M.,Legal,T.P.Claim Cell,Oriental Insurance Co.Ltd. v. Krushna Ch.Mohapatra

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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