Quashed

Sriram G.I.C.Ltd. v. Pravati Bhoi

Orissa HC11 Feb 2016MACA/683/2015

Case brief

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What is this about?

The Motor Accident Claims Appellate Court condoned a delay of 169 days in filing the appeal subject to payment of costs. Upon hearing, the Appellate Court found the compensation awarded by the Tribunal to be exaggerated and modified the amount to Rs. 8,00,000, directing the appellant to deposit it with the Tribunal.

What did the court decide?

Application for condonation of delay allowed; Court struck off and reserved interests; Compensated amount of Rs.8,00,000 reduced; Appellant ordered to deposit modified sum with Tribunal within six wee

This is an application for condonation of delay of 169 days in filing the appeal. Considering the grounds taken in the application, delay in filing the appeal is condone d, subject to payment of Rs.1,500/- as cost, to be paid to Shri P.K. Mishra, learned counsel f or the claimants-respondent nos.1 to 3, which is paid in Court today.

Office to verify the same and deficit court fee paid late be accepted. Though this matter was listed for orders today, on consent of the learned counsel for t he parties, the same is taken up for final disposal. Heard learned counsel for the parties. This appeal by the appellant-Insurance Company is directed against the judgment/award d ated 13.10.2014, passed by the 5th Motor Accident Claims Tribunal, Puri, in MAC No.58-76 of 20 12-2014, awarding an amount of Rs.10,25,900/- as compensation along with interest @ 7% per ann um from the date of filing of the claim application i.e. 7.3.2012, till realization. Considering the submissions made and keeping in view 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 best served, if the awarded compensation amount of Rs.10,25,900/- is modified and red uced to Rs.8,00,000/-(rupees Eight Lakhs), which is payable to the claimants along with the aw arded interest. The impugned award is modified to the said extent.

The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs.8,00,000/- along with the awarded interest with the learned Tribunal within six weeks h ence. 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.

The statutory amount deposited in the Registry of this Court along with the accrued int erest thereon shall be refunded to the appellant-Insurance Company, on production of receipt s howing deposit of the modified compensation amount and interest with the Tribunal. MACA is accordingly disposed of. Issue urgent certified copy as per rules.

Sriram G.I.C.Ltd. v. Pravati Bhoi

Case brief

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What did the court decide?

Sriram G.I.C.Ltd. v. Pravati Bhoi

Case brief

What is this about?

What did the court decide?

What the court decided

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