A single judge set aside the Quantum Award from the Motor Accident Claims Tribunal via an appeal, reducing the compensation amount based on the parties' submissions before disposing of the matter.
The award amount was reduced to Rs. 10,00,000 with 7.5% interest; the appeal was disposed of.
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MACA No.622 of 2015
06. 18.01.2019
Heard Mr. A. Das, learned counsel appears on behalf of Mr. S.K. Padhi, learned Senior Counsel for the appellant and Mr. D. Mund, learned counsel for the respondent no.1.
This appeal assails the award dated 24.3.2015, passed by the learned District Judge-cumMember, 1st Motor Accident Claims Tribunal, Kalahandi, Bhawanipatna, in M.A.C. No.46 of 2013, awarding an amount of Rs.13,05,000/- with interest @9% per annum from the date of filing the claim application, i.e. 02.07.2013, till realization.
Mr. Das, learned counsel for the appellant submits that as the driver of the offending vehicle (Truck) bearing registration no.M.I.T.9963 did not have a valid and effective driving licence at the time of the accident, right of recovery of the amount may be granted in their favour.
Learned counsel for both parties submits that the award amount may be reduced from Rs.13,05,000/with 9% interest to Rs.10,00,000/- with interest 7.5% per annum.
In view of the above, the award amount is reduced to Rs.10,00,000/- (Rupees Ten lakhs) with interest 7.5% per annum from the date of filing the claim application, i.e. 02.07.2013 till realization. The award amount shall be deposited proportionately in the name of the claimants within a period of six weeks.
The statutory deposit made before this Court be returned to the learned counsel for the appellant with
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accrued interest thereon after deposit of the award amount before the learned Tribunal.
It is open for the appellant to file appropriate application for recovery of the amount, if the same is recoverable.
The appeal is disposed of.
……………………… Dr.A.K.Rath, J.
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5.7.2018
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BK B
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Mr. S.K. Padhi
Respondent no.1
Dr.A.K.Rath
As recorded by the court registry
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