Allowed

Smt.Kedari v. O.I.Co.Ltd

Orissa HC5 Sept 2019MA/652/1993

Case brief

AI extract

What is this about?

The Court disposed of a miscellaneous appeal against the dismissal of a motor accident compensation claim. Considering the 29-year lapse since the accident, the Court suggested and awarded a consolidated amount of Rs. 3 lakh to be deposited by the Insurance Company instead of remitting the matter.

What did the court decide?

Award of consolidated compensation of Rs. 3 lakh to be deposited by the respondent Insurance Company within eight weeks.

Smt.Kedari Vs O.I.Co.Ltd — Insurance | Orissa HC (2019)

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MA No. 652 OF 1993

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05.09.2019 Heard Mr.J.K.Mishra, learned counsel for the appellants and Mr.G.P.Dutta, learned counsel for the respondent-Insurance Company.

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This Miscellaneous Appeal is directed against judgment dated 18.09.1993 passed by learned III MACT, Balasore in Misc. Case No.124/16(c) 1992/91.

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The fact of the case as narrated before the Tribunal is that on 08.08.2000 at about 8.30 PM, the deceased Suryakanta Jena while moving on a bicycle as a pillion rider being pulled by one Kali Charan Mahala, faced with a vehicular accident on O.T. Road near Subarnarekha PWD office at Rajghat. The offending truck bearing registration No.ORB 5241 coming from the opposite direction, i.e., from Balasore side being driven in a rash and negligent manner dashed against the bicycle and ran over said Kali Charan Mahala, who died on the spot and the pillion rider, Suryakanta Jena sustained severe injuries on his person and was removed to Jaleswar Hospital for treatment and thereafter he was shifted to SCB Medical College and Hospital, Cuttack and during his treatment, he died on 10.08.1990.

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3.1 Thus, claim petition was filed claiming Rs.1.50 lakh compensation by the legal heirs of deceasedSuryakanta Jena.

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Learned Tribunal, on hearing the parties, dismissed the claim petition.

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In course of hearing, Mr.Dutta, learned counsel for the respondent-Insurance Company submitted that the award passed in Misc. Case No.126/15(c) of 1992/91, which was filed by the dependants of Kalicharan Mahala has been satisfied.

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It is seen from the impugned award that the claim case filed by the present appellants was dismissed adhering to the sheer technicality. The accident occurred on 08.08.1990 and in the meantime, 29 years have already lapsed. Hence, this Court suggested that instead of remitting the matter to learned Tribunal, the matter should be settled by awarding a consolidated amount.

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5.1 This Court, therefore, suggested a consolidated amount of Rs.3.00 lakh to be full and final amount of compensation to which learned counsel for the appellants agreed and the learned counsel for the respondent-Insurance Company left it to the discretion of the Court to decide.

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In that view of the matter and taking into consideration the occupation of the deceased at the time of accident as well as the period lapsed in the meantime, this Court disposed of the appeal by awarding consolidated amount of Rs.3.00 lakh (rupees

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three lakh) to be deposited by respondent-Insurance Company within a period of eight weeks hence before the learned Tribunal which shall be released in favour of the appellants on proper identification and on payment of court fee, if any.

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Issue urgent certified copy of the order on proper application.

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..……………………… K.R. Mohapatra, J.

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Smt.Kedari v. O.I.Co.Ltd

Case brief

What is this about?

What did the court decide?

Smt.Kedari v. O.I.Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

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