Dismissed

Basanti Jena v. Bulu Ku.Mohanty

Orissa HC14 Feb 2023MACA/205/2020

Case brief

AI extract

What is this about?

Two appeals arising from the same Motor Accident Claims Tribunal award granting Rs.4,66,000 for death. The Court upheld the Tribunal's quantum and rejected the insurer's contention regarding gratuitous passenger status, directing the insurer to pay the amount within two months subject to recovery rights.

What did the court decide?

Deposoition of entire compensation amount along with interest within two months to be granted to appellants.

Basanti Jena Vs Bulu Ku.Mohanty — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.205 of 2020 & MACA No.529 of 2020

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MACA No.205 of 2020
Basanti Jena & Ors.

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….
Appellants

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Mr. P.K. Mishra, Advocate

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-versus-

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….
Bulu Kumar Mohanty & Anr. Respondents
Mr. S.Roy, Advocate for Respondent No.2
MACA No.529 of 2020
Oriental Insurance Co.Ltd. …. Appellant
Mr. S.Roy, Advocate
-versus-
Basanti Jena & Ors. …. Respondents
Mr. P.K.Mishra, Advocate for the Respondent
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
14.02.2023

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Order No.

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The matter is taken up through hybrid mode.

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Heard Mr. Roy, learned counsel for the Appellant and Mr. P.K. Mishra, learned counsel for the Respondents.

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Both the appeals being arise out of the same judgment dated 30^th October, 2019 passed by learned 3^rd Motor Accident Claims Tribunal, Bhubaneswar, in MAC Case No. 282/3295 of 2014,

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Page 1 of 3

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wherein compensation to the tune of Rs.4,66,000/- has been granted along with interest @ 7 % per annum to the claimant from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 04/05.07.2014, are heard together and disposed of by this common order.

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Both parties dispute quantification of compensation amount. In addition to the same, the Insurer also disputes his liability to indemnify the amount of compensation contending that the deceased was a gratuitous passenger in the offending vehicle.

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It is seen that the Tribunal has considered all such points vividly and while directing payment of the compensation amount by the Insurer, has further granted right of recovery in favour of the Insurer. In view of law settled on the point, I do not see any fault in the approach of the Tribunal in directing for payment of compensation by the insurance company with right of recovery. Further, computation of amount of compensation, which is derived adopting settled principles, is also confirmed by this Court.

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Both the appeals are disposed of with a direction to the Insurer to deposit the entire amount of compensation as directed by the learned Tribunal along with interest within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on same terms and proportion as contained in the impugned award.

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On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application

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Page 2 of 3

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before this Court, the statutory deposit made in MACA No. 529 of 2020 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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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 3 of 3

Basanti Jena v. Bulu Ku.Mohanty

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Basanti Jena v. Bulu Ku.Mohanty

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