Dismissed

Brahmananda Jena v. Ashok Jena

Orissa HC19 Jul 2023MACA/17/2020

Case brief

AI extract

What is this about?

Common order dismissing two appeals arising from aMotor Accident Claims Tribunal judgment. The court fixed reduced compensation of Rs.31.50 lacs with 6% interest, which the claimants accepted. The Insurance Company is directed to deposit the amount with the Tribunal.

What did the court decide?

Direction to Insurance Company to deposit reduced compensation of Rs.31,50,000 with 6% interest before the Tribunal.

Brahmananda Jena Vs Ashok Jena — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.738 of 2020 & MACA No.17 of 2020

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In MACA No.738 of 2020

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…. Regional Manager, Oriental Insurance Appellant Co. Limited

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Mr. S. Satapathy, Advocate

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-versus-

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Brahmananda Jena and others …. Respondents Mr. R.N. Pal, Advocate for Respondent Nos.1 to 5

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In MACA No.17 of 2020

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Brahmananda Jena and others …. Appellants Mr. R.N. Pal, Advocate

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-versus-

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Ashok Jena and another …. Respondents Mr. S. Satapathy, Advocate for Respondent No.2

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CORAM: JUSTICE B. P. ROUTRAY ORDER 19.07.2023

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Order No.

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MACA Nos.738 & 17 of 2020

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Heard Mr. S. Satapathy, learned counsel for Insurance Company and Mr. R.N. Pal, learned counsel for the claimants.

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Both the appeals being arise out of the same judgment dated 14.10.2019 of the learned 7^th MACT, Bhubaneswar in M.A.C. Case No.139 of 2015 wherein compensation to the tune of Rs.41,02,000/- has been granted along with simple interest @7%

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per annum to the claimants from the date of filing of the claim application, are heard together and disposed of by this common order.

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Signature Not Verified

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Page 1 of 2

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2023 13:58:52

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Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.31,50,000/along with 6% interest is proposed to the parties in course of hearing. Mr. R.N. Pal, learned counsel for the claimants agrees to the same and Mr. S. Satapathy, learned counsel for the 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, both the appeals are disposed of with a direction to the Insurance Company, i.e.Oriental Insurance Company Limited to deposit the reduced compensation of Rs.31,50,000/(rupees thirty-one 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; whereafter 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 in MACA No.738 of 2020 before this Court with accrued interest thereon shall be refunded to the Insurance Company.

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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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Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2023 13:58:52

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Page 2 of 2

Brahmananda Jena v. Ashok Jena

Case brief

What is this about?

What did the court decide?

Brahmananda Jena v. Ashok Jena

Case brief

What is this about?

What did the court decide?

What the court decided

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