Allowed

The Divisional Manager, M/S. National Insurance Co. Ltd. v. Alekha Ku.Rout @ Alekha Rout

Orissa HC2 Dec 2022MACA/94/2020

Case brief

AI extract

What is this about?

The High Court of Odisha allowed a preference appeal filed by an insurer against a Motor Accident Claims Tribunal judgment. The court reduced the awarded compensation to Rs.8,50,000 and fixed interest at 6% per annum, directing the insurer to deposit the amount before the Tribunal.

What did the court decide?

Insurer appellant directed to deposit Rs.8,50,000 along with 6% p.a. interest before the Motor Accident Claims Tribunal within two months.

The Divisional Manager, M/S. National Insurance Co… — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.94 of 2020

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The Divisional Manager, M/s. National Insurance Co.Ltd.

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…. Appellant

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Mr.B.N.Udgata, Advocate

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-versus-

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Alekha Kumar Rout and Alekha Rout …. Respondents and another

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Mr.B.N.Rath, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER 2.12.2022

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Udgata, learned counsel for the Appellant and Mr.Rath, learned counsel for Respondent No.1.

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Present appeal by the insurer is against the judgment dated 4^th September, 2019 of the Additional District Judge-Cum4^th M.A.C.T., Keonjhar in M.A.C. Case No.07/58 of 2016-15, wherein compensation to the tune of Rs.11,01,444/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application, i.e. 3^rd April, 2015 on account of injuries sustained by the claimant in the motor vehicular accident on 4^th March, 2015.

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Upon hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.8,50,000/-

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Page 1 of 2

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along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Rath, learned counsel for the claimants. Mr.Udgata, 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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The Insurer-Appellant is directed to deposit the reduced compensation of Rs.8,50,000/- (Eight lakhs fifty thousand) 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 claimants on such terms and proportion to be fixed by the Tribunal.

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With aforesaid modification in the compensation amount, the appeal is disposed of.

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The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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Urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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C.R.Biswal

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Page 2 of 2

The Divisional Manager, M/S. National Insurance Co. Ltd. v. Alekha Ku.Rout @ Alekha Rout

Case brief

What is this about?

What did the court decide?

The Divisional Manager, M/S. National Insurance Co. Ltd. v. Alekha Ku.Rout @ Alekha Rout

Case brief

What is this about?

What did the court decide?

What the court decided

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