Allowed

Royal Sundaram Alliance v. Premananda Panda

Orissa HC26 Aug 2021MACA/128/2019

Case brief

AI extract

What is this about?

This single-judge order on consent admits the appeal arising from a MAC Tribunal award. Finding slight irregularities in computing the deceased 's income, the Court reduced the compensation from Rs. 20,46,000/- to Rs. 14,50,000/- with 7% interest. The insurer was directed to deposit the reduced amount before the Tribunal for disbursement to claimants, subject to refund upon receipt of proof of dis

What did the court decide?

Compensation reduced to Rs. 14,50,000/-; insurer directed to deposit reduced amount with 7% interest before the Tribunal for disbursement upon completion of proof of identification.

Royal Sundaram Alliance Vs Premananda Panda — Insurance | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.128 of 2019

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Roual Sundaram Alliance ..... Appellant Insurance Company Limited Mr.A.A.Khan, Advocate

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- Versus-.

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Premananda Panda & Another ….. Respondents Mr.P.K.Mishra (Respondent no.1)

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CORAM: JUSTICE BISWANATH RATH

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Order No. 7

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ORDER 26.07.2021 On consent of the parties, the appeal is taken up for final disposal. 2. Heard Mr.A.A. Khan, learned counsel for Appellant and Mr. P.K. Mishra, learned counsel for Respondent No.1. 3. The present appeal arises out the judgment & award dated 26.11.2018 passed by the learned 3^rd . Motor Accident Claims Tribunal, Bhubaneswar in MAC No.81/36 of 2017. 4. Considering the rival contentions of the parties and taking into account the grounds taken in the appeal, this Court finds, there is slight irregularities in the matter of compensation so far it relates to income of the deceased, but however, considering that the accident has occurred in the year 2017, this Court instead of remanding the matter, reduces the awarded amount from Rs.20,46,000/- (Rupees Twenty lakhs forty six thousand) only to Rs.14,50,000/- (Rupees fourteen lakhs fifty thousand) only. The Insurance Company is directed to deposit the modified

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awarded amount with interest @ 7% per annum from the date of claim application, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions made in the order of the Tribunal, but upon sufficient proof of identification before the Tribunal within a period of two weeks thereafter.

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On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the statutory deposit with accrued interest shall be refunded to the Insurance Company.

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With the aforesaid observation and direction the MACA

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stand disposed of.

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(BISWANATH RATH) JUDGE

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Sks

Royal Sundaram Alliance v. Premananda Panda

Case brief

What is this about?

What did the court decide?

Royal Sundaram Alliance v. Premananda Panda

Case brief

What is this about?

What did the court decide?

What the court decided

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