Disposed

Divisional Manager, Oriental Insurance Co. L.T.D v. Bansidhar Mahapatra

Orissa HC15 Dec 2022MACA/361/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an insurance appeal. It condoned the delay in filing, fixed compensation atRs.16,00,000 with 6% interest, and directed the insurer to deposit the amount before the tribunal.

What did the court decide?

Compensation fixed at Rs.16,00,000 with 6% interest to be deposited by the insurer before the tribunal within two months.

Divisional Manager, Oriental Insurance Co. L.T.D Vs Bansidhar… — Insurance | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.361 of 2022

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The Divisional Manager, Oriental …. Insurance Company Ltd. Appellant

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Mr. S.K. Swain, Advocate

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-versus-

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…. Bansidhar Mahapatra and Others Respondents Mr. P.C. Pattanaik, counsel for Respondents 1 & 2

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER 15.12.2022

Order No.

I.A. No.739 of 2022

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The matter is taken up through hybrid mode.

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Heard Mr. S.K. Swain, learned counsel for the insurer – Appellant and Mr. P.C. Pattanaik, learned counsel for claimant – Respondents 1&2.

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Upon hearing both parties and considering the grounds mentioned in the limitation application, the delay in filing the appeal is condoned.

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The I.A. is disposed of.

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MACA No.361 of 2022

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Present appeal by the insurer is against impugned judgment dated 5^th April, 2022 of the learned 4^th MACT, Puri passed in MAC No.202 of 2008, wherein compensation to the tune of Rs.19,36,000/along with interest @ 5% per annum from the date of filing of the

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claim application, i.e. 31^st July, 2008 has been granted on account of death of deceased Banani Mohapatra in the motor vehicular accident dated 30^th August, 2007.

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Upon hearing both parties and considering all such grounds of challenge, a reduced compensation of Rs.16,00,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Pattanaik, learned counsel for the claimant – Respondents and Mr. Swain, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

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In the result, the appeal is disposed of with a direction to the Appellant – insurer to deposit a reduced compensation of Rs.16,00,000/- (sixteen lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 31^st July, 2008, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant – Respondents on such terms and proportion to be decided by the learned tribunal.

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The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.

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An urgent certified copy of this order be issued as per rules.

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( B.P. Routray) Judge

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M.K.Panda

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Divisional Manager, Oriental Insurance Co. L.T.D v. Bansidhar Mahapatra

Case brief

What is this about?

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Divisional Manager, Oriental Insurance Co. L.T.D v. Bansidhar Mahapatra

Case brief

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What the court decided

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