Dismissed

Divisional Manager,Oriental Insurance Co.Ltd. v. Bijay Ku.Dixit

Orissa HC14 Nov 2022MACA/525/2016

Case brief

AI extract

What is this about?

The Appellant Insurance Company filed this appeal against a judgment granting Rs.3,88,000 compensation for a motor accident death. During hearing, both parties agreed to a reduced amount of Rs.3,35,000 with 6% interest, which the court accepted and fixed.

What did the court decide?

Compensation reduced to Rs.3,35,000 with 6% interest to be deposited by the Appellant within two months.

Divisional Manager,Oriental Insurance Co.Ltd. Vs Bijay… — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.525 of 2016

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

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Mr. A.A. Khan, Advocate

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-versus-

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…. Sri Bijay Kumar Dixit and others Respondents Mr. B. Singh, Advocate for Respondent Nos.1 to 4

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. CORAM: JUSTICE B. P. ROUTRAY

ORDER

14.11.2022

Order No.

Heard Mr. A.A. Khan, learned counsel for the AppellantInsurance Company as well as Mr. B. Singh, learned counsel for the Respondent Nos.1 to 4-claimants.

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Present appeal by the insurer is directed against the judgment dated 28.12.2015 of learned 3^rd M.A.C.T., Balasore in M.A.C. Case No.19/71 of 2012/2011 wherein compensation to the tune of Rs.3,88,000/- has been granted along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e. 22.03.2011 on account of death of the deceased in the motor vehicular accident dated 20.9.2008.

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Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.3,35,000/along with 6% interest is proposed to the parties in course of hearing. Mr. B. Singh, learned counsel for the claimants agrees to the same and Mr. A.A. Khan, learned counsel for the Appellant-

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Page 1 of 2

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Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

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In the result, the Appellant – Insurance Company is directed to deposit the reduced compensation of Rs.3,35,000/- (rupees three lakhs thirty-five thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.22.03.2011 within a period of two months from today; whereafter the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

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On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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The MACA is disposed of with aforesaid directions.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Page 2 of 2

Divisional Manager,Oriental Insurance Co.Ltd. v. Bijay Ku.Dixit

Case brief

What is this about?

What did the court decide?

Divisional Manager,Oriental Insurance Co.Ltd. v. Bijay Ku.Dixit

Case brief

What is this about?

What did the court decide?

What the court decided

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