Dismissed

B.M.,N.I.Aco.Ltd. v. Nimaber Behera

Orissa HC20 Mar 2023MACA/184/2003

Case brief

AI extract

What is this about?

This appellant's exemption settles a motor accident appeal where the High Court upheld the high court held that the deceased status of the deceased owner, decided by the insurance intacco, the court reduced the compensation amount to 6% interest and directed the deposit of the entire sum within two months.

What did the court decide?

Appeal dismissed; Appellant directed to deposit Rs. 1,46,500 plus 6% p.a. interest within two months.

B.M.,N.I.Aco.Ltd. Vs Nimaber Behera — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.184 of 2003

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National Insurance Co.Ltd.

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…. Appellant

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Mr.P.K.Mahali, Advocate

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-versus-

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Nilamber Behera & Ors.

…. Respondents

None

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

Order No.

20.03.2023

The matter is taken up through Hybrid mode.

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Heard Mr. Mahali, learned counsel for the Appellant 3. None appears on call for the Respondents.

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Present appeal by the Insurer is directed against judgment dated 6^th September, 2002 of Additional District Judgecum-Presiding Officer, 4^th MACT, Malkangiri in M.J.C. Case No.62 of 1999, wherein compensation to the tune of Rs.1,46,000/- has been granted along with interest @9% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident dated 10^th June, 1999.

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The entire challenge is with regard to status of the deceased. As per the Insurer, the deceased was travelling as a gratuitous passenger, whereas according to the Claimant the deceased was travelling as the owner of goods.

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It is seen that two witnesses were examined from the side of the Claimant including P.W.2, the eye witnesses. No

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Page 1 of 2

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evidence has been adduced from the side of the insurance. Thus in absence of any rebuttal evidence, the specific statement of P.W.1 & 2 with regard to status of the deceased that she was travelling in the offending vehicle to attend weekly market as the owner of goods (dry fish) is found established on record. Therefore, no merit is seen in the contention of the Insurer to treat the deceased as a gratuitous passenger.

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With regard to quantification of compensation amount, I do not find any reason in favour of the Insurer to reduce the same. However, the rate of interest is reduced to 6% from 9% as directed by the Tribunal.

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In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit entire compensation amount i.e. Rs.1,46,500/- (One lakh forty six thousand five hundred) 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 claimant on such terms and proportion to be fixed by the Tribunal.

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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)

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Judge

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S.Das

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Page 2 of 2

B.M.,N.I.Aco.Ltd. v. Nimaber Behera

Case brief

What is this about?

What did the court decide?

B.M.,N.I.Aco.Ltd. v. Nimaber Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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