On an appeal against a MACT compensation order, the Orissa HC condensed delay and fixed a reduced compensation of Rs. 7 lakhs with 6% interest to be deposited by the insurer.
Fixed compensation of Rs.7,00,000 with interest @6% p.a.; directed insurer to deposit amount before Tribunal within two months.
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.1011 of 2017
The Divisional Manager, New India Assurance Co. Ltd.
…. Appellant
Mr. G.C. Samantaray, Advocate
-versus-
Smt. Sabita Jena and others …. Respondents Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
12.07.2023
Order No.
M.C. No.1579 of 2017
MACA No.1011 of 2017
Signature Not Verified
Page 1 of 3
Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 14-Jul-2023 16:52:19
Berhampur, Ganjam in M.A.C. Case No.19/2016 (215/2012GDC), wherein learned Tribunal has granted compensation to the tune of Rs.9,94,000/- along with simple interest @9% per annum to the claimants from the date of filing of the claim application, i.e.11.09.2012 on account of death of the deceased in the motor vehicular accident dated 24.08.2012.
Signature Not Verified
Page 2 of 3
Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 14-Jul-2023 16:52:19
with accrued interest thereon shall be refunded to the AppellantInsurance Company.
( B.P. Routray)
B.K. Barik
Signature Not Verified
Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 14-Jul-2023 16:52:19
Page 3 of 3
2 issues framed by the court
Whether condonation of delay in filing the appeal is justified.
What interest rate and principal compensation amount should be fixed following the hearing considerations.
The Divisional Manager, New India Assurance Co. Ltd.
Smt. Sabita Jena and others
B. P. Routray
B. K. Barik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
