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The Branch Managerr, New India Assurance Co. Ltd. v. Bhanumati Mandal

Orissa HC2 Sept 2021MACA/41/2020

Case brief

AI extract

What is this about?

This order disposes of an appeal challenging the quantum of compensation in a motor accident case. The High Court, finding slight irregularities regarding the deceased's income, reduced the awarded amount and directed the insurer to deposit the reduced amount.

What did the court decide?

The awarded amount reduced from Rs. 24,79,600/- to Rs. 20,00,000/-; Insurance Company directed to deposit the modified amount with interest @6% p.a.

The Branch Managerr, New India Assurance Co. Ltd. Vs Bhanumati Mandal — Insurance | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.41 of 2020

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…. The Branch Manager, New India Appellant Assurance Co. Ltd., Berhampur

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Mr. D.P. Dutta, Advocate for appellant -versus- Smt. Bhanumati Mandal & Ors. …. Respondents Mr.P.K.Mishra, Advocate for Res.Nos.1 & 2

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CORAM:
JUSTICE BISWANATH RATH
ORDER
02.09.2021
I.A. No.190 of 2021
Order No.
03. 1. This is an application for extension of time and for
acceptance the court fee.
2. As per the office note, deficit court fee has already been paid
on 02.03.2021. Deficit court fee paid late be accepted.
3. I.A. stands disposed of.

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(Biswanath Rath) Judge ORDER 02.09.2021 I.A. No.241 of 2021

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Order No.

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1. This is an application for condonation of 161 days delay in filing the appeal.

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Page 1 of 3

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// 2 //

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Considering the rival contentions of the parties, this Court condones the delay in filing the appeal subject to payment of cost of Rs.2,500/- (Two thousand five hundred) only, which is paid to the claimants-respondent nos.1 and 2 in Court today.

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I.A. stand disposed of.

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(Biswanath Rath)

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Judge

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ORDER 02.09.2021

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MACA No.41 of 2020

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Order No.

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

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Even though the present appeal arises out of the judgment & award dated 16.5.2019, passed by the leaned Second Motor Accident Claims Tribunal (Southern Division), Berhampur in MAC No.73 of 2018 (186/2017-GDC), the challenge made therein is confined to the quantum aspect only.

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Considering the rival contentions of the parties and taking into account the ground Nos.4, 5 & 6 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.24,79,600/- (Rupees Twenty four lakhs seventy nine thousand six hundred) only to Rs.20,00,000/- (Rupees Twenty lakhs) only. The Insurance Company is directed to deposit the modified awarded

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Page 2 of 3

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// 3 //

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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 submission of 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 stands disposed of.

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U.K.Sahoo, PA

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Biswanath Rath) Judge

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Page 3 of 3

The Branch Managerr, New India Assurance Co. Ltd. v. Bhanumati Mandal

Case brief

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The Branch Managerr, New India Assurance Co. Ltd. v. Bhanumati Mandal

Case brief

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