Allowed

M/S.National Insurance Co.Ltd. v. Harachandra Kathar

Orissa HC16 Feb 2016MACA/978/2015

Case brief

AI extract

What is this about?

This revision appeal by an Insurance Company against a Motor Accident Claims Tribunal award was disposed of. The High Court modified the awarded compensation of Rs.9,35,000/- to Rs.8,00,000/- while upholding the interest rate, directing the deposit of the reduced amount. The appeal essentially succeeded in obtaining a partial revision of the quantum.

What did the court decide?

The impugned award modifying compensation to Rs.8,00,000/- was upheld. The appellant is directed to deposit this amount.

M/S.National Insurance Co.Ltd. Vs Harachandra Kathar — Motor Accident Claims | Orissa HC (2016)

¶1

MACA NO.978 OF 2015

¶2

 16.2.2016

¶3

 Heard learned counsel for the parties.

¶4

 This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 27.6.2014, passed by the learned Motor Accident Claims Tribunal, Jharsuguda, in MACT Case
 No.48 of 2013, awarding an amount of Rs.9,35,000/- as compensation along with interest @ 7.5%
 per annum from the date of filing of the claim application, i.e. 16.8.2013, till payment.
 Considering the submissions made and keeping in view the quantum of compensation amoun
t 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.9,35,000/- is modified and red
uced to Rs.8,00,000/-, which is payable to the claimants along with the awarded interest. The
impugned award is modified to the said extent.

¶5

 The appellant-Insurance Company is directed to deposit the modified compensa
tion amount of Rs.8,00,000/- along with along with the awarded interest with the learned Tribu
nal within six weeks hence. On deposit of the amount, the same shall be disbursed to the claim
ants proportionately, 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.

¶7

MACA is accordingly disposed of.

¶8

Issue urgent certified copy as per rules.

¶9

(S.C.PARIJA, J.)

¶10

M/S.National Insurance Co.Ltd. v. Harachandra Kathar

Case brief

What is this about?

What did the court decide?

M/S.National Insurance Co.Ltd. v. Harachandra Kathar

Case brief

What is this about?

What did the court decide?

What the court decided

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