Allowed

Divisional Manager, Oriental Insurance Co. Ltd., v. Paina Bewa

Orissa HC25 Aug 2022MACA/903/2019

Case brief

AI extract

What is this about?

In this Motor Accident Claims Appeal, the Court fixed a consolidated compensation of Rs. 3,32,000 for the death of the insured, enhancing the lower Tribunal's award upon the agreement of the claimants' counsel, and directed the insurer to deposit the amount.

What did the court decide?

Disposed of the appeal by directing the appellant to deposit a consolidated compensation of Rs. 3,32,000.

Divisional Manager, Oriental Insurance Co. Ltd., Vs Paina Bewa — Insurance | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.903 of 2019

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Divisional Manager, Oriental Insurance Co. Ltd.

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…. Appellant

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Mr. S. Satapathy, Advocate

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-versus-

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Paina Bewa and others …. Respondents Mr. D. Patnaik, Advocate for Respondent Nos.1 to 3

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

25.08.2022

Order No.

Heard Mr. S. Satapathy, learned counsel for the AppellantInsurance Company as well as Mr. D. Patnaik, learned counsel for the Respondent Nos.1 to 3-claimants.

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Present appeal by the insurer is directed against the judgment dated 30.08.2019 of learned 3^rd M.A.C.T., Jajpur in M.A.C. Case No.68 of 2004 wherein compensation to the tune of Rs.2,64,000/has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.14.09.2004 on account of death of the deceased in the motor vehicular accident dated 24.07.2004.

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Upon hearing both the parties and considering the grounds of challenge advanced, a consolidated amount of Rs.3,32,000/- is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimants-Respondent Nos.1 to 3 agrees to the same and Mr. S. Satapathy, 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 consolidated amount of Rs.3,32,000/- (rupees three lakhs thirty-two thousand) before the Tribunal within a period of two months from today; where-after 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

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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. Paina Bewa

Case brief

What is this about?

What did the court decide?

Divisional Manager, Oriental Insurance Co. Ltd., v. Paina Bewa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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