Allowed

D.M.,M/S.Oriental Insurance Co.Ltd. v. Renubala Garnaik

Orissa HC26 Aug 2021MACA/350/2019

Case brief

AI extract

What is this about?

On consent of parties, the High Court condoned a 95-day delay in filing the appeal on payment of costs. The court found slight irregularities in calculating deceased's income and reduced the awarded compensation from approximately Rs.39.46 lakhs to Rs.31.58 lakhs with interest.

What did the court decide?

Compensation reduced from Rs.39,46,210/- to Rs.31,58,000/-; Insurance Company directed to deposit amount with 6% p.a. interest within 8 weeks.

D.M.,M/S.Oriental Insurance Co.Ltd. Vs Renubala Garnaik — Insurance | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.350 of 2019

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…. Divisional Manager, Oriental Appellant Insurance Company Limited Mr.A.A.Khan, Advocate

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-versus-

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Renubala Garnaik & Others

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…. Respondents Ms.P.K.Mishra, Advocte (For Respondent Nos.1 & 2)

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CORAM:

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JUSTICE BISWANATH RATH

Order No.

Order No. 6.

ORDER

26.08.2021 I.A.No.667 of 2019 1. Heard. 2. This is an application seeking extension of time to deposit the court fee. 3. Court fee since paid in the meantime, the same be accepted. 4. I.A. stands disposed of. (Biswanath Rath) Judge ORDER 26.08.2021 I.A.Nos.1250 of 2019 & 231 of 2020

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1. Heard learned counsel appearing for the parties. 2. Considering the reasons stated in the applications, 95 days delay in filing the appeal stands condoned but, however, subject to payment of cost of Rs.1500/- (Rupees fifteen hundred) only to the claimant, which is paid in Court today.

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I.As. stand disposed of.

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(Biswanath Rath) Judge

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Order No. 7.

ORDER 26.08.2021 MACA No.350 OF 2019

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On consent of the parties, the appeal is taken up for final disposal.

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Heard Mr.A.A. Khan, learned counsel for Appellant and Mr. P.K. Mishra, learned counsel for Respondent Nos.1 & 2.

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The present appeal arises out the judgment & award dated 4.12.2020 passed by the learned 1st Motor Accident Claims Tribunal, Angul in MAC No.72 of 2016. 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 2016, this Court instead of remanding the matter, reduces the awarded amount from Rs.39,46,210/- (Rupees Thirty nine lakhs forty-six thousand two hundred ten) only to Rs.31,58,000/(Rupees thirty one lakhs fifty eight thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest @ 6% 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

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Insurance Company.

With the aforesaid observation and direction the MACA stand disposed of.

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(Biswanath Rath) Judge

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Page 3 of 3

D.M.,M/S.Oriental Insurance Co.Ltd. v. Renubala Garnaik

Case brief

What is this about?

What did the court decide?

D.M.,M/S.Oriental Insurance Co.Ltd. v. Renubala Garnaik

Case brief

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What did the court decide?

What the court decided

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