Appeal by Insurance Company against MAC Tribunal award of Rs.3,34,000. Court modified compensation to Rs.2,90,000, directed deposit with Tribunal, and disposed of the matter.
Compensation reduced to Rs.2,90,000; Appellant directed to deposit modified amount with Tribunal within six weeks.
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MACA NO.348 of 2014
18.10.2017
Heard learned counsel for the parties.
This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 18.12.2013, passed by the learned Motor Accident Claims Tribunal, Cuttack, in MAC Case No
.543 of 2004, awarding an amount of Rs.3,34,000/- as compensation along with interest @ 7% per
annum from the date of filing of the claim application i.e. 26.7.2004.
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.3,34,000/- is modified and redu
ced to Rs.2,90,000/-(rupees Two Lakhs Ninety Thousand), which is payable to the claimants alon
g with the awarded interest. The impugned award is modified to the said extent.
It is open for the appellant-Insurance Company to seek recovery of the compensation amo
unt from the owner of the vehicle, as has been observed by the learned Tribunal in the impugne
d award.
The appellant-Insurance Company is directed to deposit the modified compensation amount
of Rs.2,90,000/- 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.
2
1 issue framed by the court
Whether the compensation amount awarded by the Motor Accident Claims Tribunal requires modification?
Insurance Company
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court