The High Court set aside the discretion to award penal default interest, upheld the principal amount with 6% interest awarded by the Motor Accident Claims Tribunal, extended the time for deposit by six weeks, and ordered disposal of the interim application.
Penal default interest discretion set aside; time for deposit extended by six weeks.
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. 202 OF 2005
Oriental Insurance Co. Ltd.
……… Appellant Mr. G.P. Dutta, Advocate
-versus-
Krushna Palkia & Another ...……… Opposite Party
Mr. K. Panigrahi, Counsel for the Respondent No.1
CORAM: JUSTICE V. NARASINGH
ORDER 05.07.2022
I.A. No. 660 of 2022
Order No.
“ As agreed to the amount awarded by the District Judge-cum-First Motor Accident Claims Tribunal, Jeypore, i.e., Rs.4,45,000/- with 6% interest from the date of application, i.e., 13.02.2001 remains unaltered. The discretion relating to penal default interest is set aside. ”
Page 1 of 2
2
is called upon to make the necessary deposit within the stipulated period.
Balaram
( V.Narasingh )
Judge
Page 2 of 2
2 issues framed by the court
Whether the discretion relating to penal default interest in a motor accident claims decree should be set aside.
Whether the period for deposit of decretal amount should be extended by six weeks.
1 provisions across 1 enactments
Oriental Insurance Co. Ltd.
Krushna Palkia
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
