Allowed

Ara Manager,Shriram v. Nishu Devi

Orissa HC10 Nov 2022MACA/834/2014

Case brief

AI extract

What is this about?

Appeal against MAC judgment granting compensation for motor accident death. This court modified compensation to Rs.12,00,000 plus 6% interest and directed deposit to tribunal before referral for distribution among survivors.

What did the court decide?

Insurer directed to deposit Rs.12,00,000 with 6% interest before tribunal within two months.

Ara Manager,Shriram Vs Nishu Devi — Insurance | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.834 of 2014

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Area Manager, Shriram General Insurance Company Ltd.

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…. Appellant

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Mr. Adam Ali Khan, Advocate

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-versus-

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Smt. Nishu Devi and Others

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…. Respondents

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Mr. P.K. Nayak, counsel for Respondents 1-5

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

Order No.

10.11.2022

The matter is taken up through hybrid mode.

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Heard Mr. A.A. Khan, learned counsel for the insurer - Appellant and Mr. P.K. Nayak, learned counsel for the claimant – Respondents 1-5.

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Mr. Nayak submits that in the meantime claimant – Respondent No.4, namely Ramananda Singh @ Ramanandan Singh died on 4^th December, 2020. Since all other LRs. are on record, no substitution is required.

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Present appeal by the insurer is directed against impugned judgment dated 11^th April, 2014 of the learned 3^rd MACT, Rourkela passed in MAC Case No.41 of 2011, wherein compensation to the tune of Rs.23,60,000/- along with interest @ 7% per annum from the date of filing of the claim application has been granted on account of death of deceased, Upendra Kumar Singh in the motor vehicular accident dated 7^th December, 2010.

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Page 1 of 2

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Upon hearing both parties and considering all such grounds of challenge, a reduced compensation of Rs.12,50,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant – Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court. As such the amount is fixed to that extent.

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Mr. Khan submits that the claimants have already received Rs.50,000/- towards no-fault liability during pendency of the claim application and the same may be adjusted from the modified compensation amount.

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In the result the appeal is disposed of with a direction to the Appellant – insurer to deposit the balance modified compensation amount of Rs.12,00,000/- (twelve lakhs) before the tribunal 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 claimant – Respondents 1, 2, 3 & 5, namely Smt. Nishu Devi, Abhisek Kumar, Ashutosh Kumar and Smt. Kausalya Devi 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)

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Judge

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M.K.Panda

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Page 2 of 2

Ara Manager,Shriram v. Nishu Devi

Case brief

What is this about?

What did the court decide?

Ara Manager,Shriram v. Nishu Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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