The High Court in hybrid mode reduced the compensation awarded on account of injuries sustained in a motor accident to Rs.13,00,000 with interest at 6% p.a., and disposed of the conflicting appeals filed by the claimant and the insurer.
Compensatory award reduced to Rs.13,00,000 with interest at 6% per annum fixed; appeals disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.99 of 2022 And MACA No.289 of 2022
MACA No.99 of 2022 …. Ajaya Kumar Khuntia Appellant Mr.P.K.Mishra, Advocate
-versus-
Fakira Ch. Das and another …. Respondents
Mr.G.P.Dutta, Advocate for Respondent No.2
AND
MACA No.289 of 2022
Cholamandalam MS General
….
Insurance Company Limited Appellant
Mr.G.P.Dutta, Advocate
-versus-
Ajaya Kumar Khuntia and another …. Respondents
Mr.P.K.Mishra, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.11.2022
Page 1 of 3
of 2013, wherein compensation to tune of Rs.13,43,000/- along with interest @7% per annum has been granted from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident dated 29th January, 2013.
Page 2 of 3
application and on production of proof of deposit of the award amount before the learned Tribunal.
( B.P. Routray)
Judge
C.R.Biswal
Page 3 of 3
2 issues framed by the court
Whether the compensation amount needs to be enhanced by the appellant-claimant or reduced by the appellant-insurer.
Whether the Motor Accidents Claims Tribunal can directly fix a reduced compensation amount without empanelment.
Ajaya Kumar Khuntia
Fakira Ch. Das
Cholamandalam MS General Insurance Company Limited
Ajaya Kumar Khuntia
B. P. ROUTRAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
