Appeal by insurer against MACT award of motor accident compensation. Court allows interest rate reduction to 6% generally accepted reliance before disposal.
Appeal disposed. Appellant directed to deposit compensation with 6% interest. Refund of statutory deposit granted on proof of tribunal deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.11 of 2021
National Insurance Company Ltd. …. represented through its Manager & Appellant Officer-in-Charge
Ms. Nibedita Mohanty, Advocate
-versus-
Jasoda Palei and Others …. Respondents
Mr. P.K. Mishra , counsel for Respondents 1&3
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER
23.8.2022
Order No.
Page 1 of 3
been granted on account of death of the deceased Pramod Kumar Palei in the motor vehicular accident dated 24th September, 2015.
Page 2 of 3
M.K.Panda
thirty-three) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 20th November, 2015 within a period of two months from today; where-after the same shall be disbursed in favour of the claimant – Respondent Nos.1 and 3, namely Jasoda Palei and Kumari Preeti Palei on such terms and proportion to be decided by the learned Tribunal.
( B.P. Routray)
Judge
Page 3 of 3
3 issues framed by the court
Whether the impugned judgment of the MACT allowing claim under the Motor Vehicles Act requires interference.
Whether interest on the compensation should remain at 7% per annum or be reduced to 6% per annum.
Whether the claimant's family pension received should be deducted while computing loss of dependency.
Colour shows how this judgement treated each authority
Reliance General Insurance Company Limited v. Shashi Sharma and OthersRelied on¶6
Reliance General Insurance Company Limited v. Shashi Sharma and Others
Vimal Kanwar v. Kishore DanRelied on¶6
Vimal Kanwar v. Kishore Dan
1 provisions across 1 enactments
National Insurance Company Ltd.
Jasoda Palei
Hemabati Palei
Kumari Preeti Palei
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
