Condoned delay in filing appeal. Upon consent, reduced compensation from Rs.6,91,020 to Rs.5,70,000 due to slight irregularities regarding income and directed Insurance Company to deposit amount with interest before the Tribunal.
Compensation reduced from Rs.6,91,020 to Rs.5,70,000; insurer directed to deposit difference with 7% interest.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.69 of 2021
National Insurance Co. Ltd., …. Appellant Kharagpur
Mr. P.K. Mahali, Advocate for appellant -versus-
…. Jayanta Ojha & Anr. Respondents
Mr.P.K.Mishra, Advocate for Res.No.1
CORAM:
JUSTICE BISWANATH RATH
ORDER
02.09.2021
I.A. No.112 of 2021
Order No. 04. 1. This is an application for condonation of delay in filing the appeal. 2. Considering the Hon’ble apex Court judgment given for regularization in filing suits and/or appeals with delay for Covid-19 reason, this Court condones the delay in filing the appeal. 3. I.A. stands disposed of.
(Biswanath Rath)
Judge
ORDER 02.09.2021
MACA No.69 of 2021
Order No.
Page 1 of 3
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2. Heard Mr.P.K. Mahali, 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 03.02.2020 passed by the learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.500 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 injured, 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.6,91,020/- (Rupees Six lakhs ninety one thousand twenty) only to Rs.5,70,000/- (Rupees Five lakhs seventy thousand) only. The Insurance Company is directed to deposit the modified 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. However, right of recovery may be granted to the appellant, if recoverable in accordance with law.
5. 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.
Page 2 of 3
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6. With the aforesaid observation and direction, the MACA stands disposed of.
( Biswanath Rath) Judge
U.K.Sahoo
Page 3 of 3
1 issue framed by the court
Whether the delay in filing the appeal should be condoned considering the Supreme Court judgment on Covid-19 regularization.
1 provisions across 1 enactments
National Insurance Co. Ltd.
Jayanta Ojha & Anr.
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
