Partly allowed

Divisional Manager M/S. New India Assurance Co.Limited v. Anjana Das

Orissa HC28 Mar 2022MACA/196/2021

Case brief

AI extract

What is this about?

The High Court disposed of two appeals against a Motor Accidents Claims Tribunal award. The Court accepted a reduction in compensation proposed by the insurer, who requested waiver of penal interest. The order directs deposit of the reduced amount within two months.

What did the court decide?

Appeal disposed of with modification; insurer directed to deposit Rs. 23,25,000 plus 6% interest within two months; penal interest waived.

Divisional Manager M/S. New India Assurance Co.Limited Vs Anjana Das — Insurance | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA Nos.196 & 200 of 2021

¶2

MACA No.196 of 2021 …. Divisional Manager, M/s.New India Appellant Assurance Company Ltd.

¶3

Mr.P.K.Panda, Advocate

¶4

-versus-

¶5

Anjan Das and others …. Respondents Mr.S.B.Das, Advocate for Respondents 1 to 3

¶6

AND
MACA No.200 of 2021
….
Anjan Das and others Appellants
Mr.S.B.Das, Advocate
-versus-
Sukanta Charan Pradhan and another …. Respondents
Mr.P.K.Panda, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
28.3.2022

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Order No. 6.

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Heard Mr.Panda, learned counsel for the Insurer and Mr.Das, learned counsel for the claimants.

¶9

Both the appeals are directed against the judgment dated 17^th March, 2021 passed by the learned 1^st Addl. District Judge-cum-1^st M.A.C.T., Cuttack in MAC Case No.756 of 2016, wherein compensation to the tune of Rs.24,25,482/- has been granted along with interest @6% per annum from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 6^th January, 2016.

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Page 1 of 2

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Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.23,25,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Das, learned counsel for the claimants. Mr.Panda, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

¶12

The Insurer is directed to deposit the reduced compensation of Rs.23,25,000/-(Twenty three lakhs twenty five thousand) along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on same terms and proportion as directed by the Tribunal. However, the penal interest @12% is waived.

¶13

With aforesaid modification in the compensation amount, the appeal is disposed of.

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The statutory deposit made by the Insurer with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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Urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

¶17

CRBiswal

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Page 2 of 2

Divisional Manager M/S. New India Assurance Co.Limited v. Anjana Das

Case brief

What is this about?

What did the court decide?

Divisional Manager M/S. New India Assurance Co.Limited v. Anjana Das

Case brief

What is this about?

What did the court decide?

What the court decided

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