Allowed

M/S.Royal Sundaram Alliance Insurance Co.Ltd. v. Anadi Charan Giri

Orissa HC15 Feb 2023MACA/247/2018

Case brief

AI extract

What is this about?

The High Court disposed of the insurer's appeal against a motor accident compensation award. The court accepted the appellant's proposal to reduce compensation to Rs.13,50,000 with 6% interest, directing deposit before the tribunal within two months.

What did the court decide?

Compensation fixed at Rs.13,50,000 with 6% interest; insurer to deposit before tribunal within two months.

M/S.Royal Sundaram Alliance Insurance Co.Ltd. Vs Anadi… — Consumer Protection | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.247 of 2018

¶2

M/S. Royal Sundaram Alliance Insurance Co.Ltd.

¶3

…. Appellant Mr. A.A. Khan, Advocate

¶4

-versus-

¶5

Anadi Charan Giri and Others

¶6

…. Respondents

¶7

Mr. B.Singh, counsel for Respondents 1 & 2

¶8

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

15.02.2023

Order No.

The matter is taken up through hybrid mode.

¶14

Heard Mr.Khan, learned counsel for Insurer – Appellant and Mr. Singh, learned counsel for claimant – Respondent Nos.1 & 2.

¶15

Present appeal by the insurer is directed against the impugned judgment dated 2^nd November, 2017 of learned MACT-1, Balasore passed in MAC No.249 of 2013, wherein compensation to the tune of Rs.16,30,435/- along with interest @ 7.5% per annum form the date of filing of the claim application granted on account of death of deceased in the motor vehicular accident dated 19^th September, 2013.

¶16

With regard to quantum of compensation is concerned, upon hearing both parties and considering all such grounds advanced on the same, a reduced compensation of Rs.13,50,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Singh, learned counsel for the claimant – Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

¶17

Page 1 of 2

¶18

S.Das

¶19

In the result, the appeal is disposed of with a direction to the Appellant–insurer to deposit a reduced compensation of Rs. 13,50,000/- (Thirteen 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; where-after the same shall be disbursed in favour of the claimant – Respondents on such terms and proportion to be decided by learned tribunal.

¶20

The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit before the tribunal.

¶21

An urgent certified copy of this order be issued as per rules.

¶22

( B.P. Routray)
Judge

¶23

Page 2 of 2

M/S.Royal Sundaram Alliance Insurance Co.Ltd. v. Anadi Charan Giri

Case brief

What is this about?

What did the court decide?

M/S.Royal Sundaram Alliance Insurance Co.Ltd. v. Anadi Charan Giri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramswaroop Agarwal Vs Perminder Singh

Basanti Jena Vs Bulu Ku.Mohanty

Sushila Das Vs Bulu Ku.Mohanty

M/S.Royal Sundarqam Allianz Insurance Co.Ltd. Vs Anadi Charan Giri

Jogeswar Pradhan Vs State of Odisha

Jhunu Gouda Vs Bulu Palara