Bebyrani Maharana v. Rabindra Ku.Das
Case brief
What is this about?
The High Court of Orissa, following the Supreme Court in Samana v. Oriental Insurance Co., mandated the insurance company to pay the compensation first and recover the same from the vehicle owner. The Court modified the compensation quantum from Rs.18,51,000 to Rs.16,00,000 due to calculation errors and ordered immediate payment for the elderly appellant.
What did the court decide?
Appeal allowed; compensation reduced to Rs.16,00,000; payment by Insurance Company within eight weeks; right to recover from vehicle owner affirmed.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1002 of 2014
…. Bebyrani Maharana & Ors. Appellants Mr. B.N.Rath,Advocate
-versus-
Rabindra Kumar Das & another
…. Respondents
Mr. P.C.Das, A.S.C. Mr. P.K.Mahali, for Resppondent No.2
CORAM:
JUSTICE A.K. MOHAPATRA
Order No.
ORDER 11.12.2023
Issues for consideration
2 issues framed by the court
Whether liability to pay motor accident compensation can be shifted to the insurance company with a right to recover the same from the vehicle owner.
Whether the quantum of compensation awarded by the Tribunal needs modification by this Court.
Parties & counsel
- appellant
Bebyrani Maharana & Ors.
- respondent
Rabindra Kumar Das
- respondent
Insurance Company
Coram
Case details
As recorded by the court registry
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