Partly allowed

Divisional Manager, Oriental Insurance Co. Ltd. v. Pravabati Biswal

Orissa HC7 Jul 2023MACA/260/2020

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed the insurer's appeal challenging the identification of the deceased and reduced the awarded compensation from Rs. 6.30 lakhs to Rs. 5.50 lakhs along with interest, directing the insurer to deposit this amount before the Motor Accident Claims Tribunal.

What did the court decide?

Appellant to deposit reduced compensation of Rs. 5,50,000/- with 6% interest before the Tribunal within two months; statutory security to be refunded after deposit and filing of receipt; recovery righ

Divisional Manager, Oriental Insurance Co. Ltd. Vs… — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.260 of 2020

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…. Divisional Manager, Oriental Appellant Insurance Co. Ltd.

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Mr. S. Satapathy, Advocate

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-versus-

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Pravabati Biswal and others …. Respondents Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 6

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CORAM:

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JUSTICE B. P. ROUTRAY

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ORDER 07.07.2023

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Order No.

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I.A. No.439 of 2020

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Since the deficit Court fee has already been paid, the same is accepted on record.

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The I.A. is disposed of.

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MACA No.260 of 2020

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Heard Mr. S. Satapathy, learned counsel for AppellantInsurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 6-claimants.

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Present appeal by the insurer is directed against the judgment dated 17.1.2020 of learned 1^st M.A.C.T., Jajpur in M.A.C. No.138 of 2010, wherein compensation to the tune of Rs.6,30,800/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.27.12.2010 on

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Signature Not Verified

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Page 1 of 3

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2023 16:10:49

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account of death of the deceased in the motor vehicular accident dated 6.7.2005.

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The dispute is raised on behalf of Appellant-insurer regarding identification of dead body of the deceased. It is submitted that the dead body remains unidentified and therefore, it is not established that the deceased-Pravakar Biswal died in the accident.

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Upon examination of record, the contention raised by the insurer with regard to identification of the dead body is not found substantiated. The insurer did neither plead nor adduce any evidence to dispute identification of the deceased. Even in the cross-examination of P.W.2, who stated to have been identified the deceased before the Police, nothing was suggested to him in this regard. As such, all such contentions raised by the Appellantinsurer are rejected.

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With regard to quantification of the compensation amount, upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.5,50,000/along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants agrees to the same and Mr. S. Satapathy, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

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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: 10-Jul-2023 16:10:49

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Page 2 of 3

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In the result, the Appellant – Insurance Company is directed to deposit the reduced compensation of Rs.5,50,000/- (rupees five lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 27.12.2010 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. It is made clear that, this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the Insurance Company.

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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 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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The MACA is disposed of with aforesaid directions.

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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: 10-Jul-2023 16:10:49

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Page 3 of 3

Divisional Manager, Oriental Insurance Co. Ltd. v. Pravabati Biswal

Case brief

What is this about?

What did the court decide?

Divisional Manager, Oriental Insurance Co. Ltd. v. Pravabati Biswal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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