Dismissed

Branch Manager, M/S. the New India Assurance Co. Ltd. v. Prakash Ch.Gouda

Orissa HC20 Jul 2023MACA/39/2020

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed an appeal by an insurance company against a Motor Accords Claims Tribunal order. The court rejected the insurer's claim that the policy was invalid and upheld the awarded compensation of Rs. 4,45,000 along with interest.

What did the court decide?

The insurer was directed to deposit the entire compensation of Rs. 4,45,000 along with interest within two months before the tribunal.

Branch Manager, M/S. the New India Assurance… — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.39 of 2020

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Branch Manager, M/s. The New India Assurance Co. Ltd., Badambadi, Cuttack

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…. Appellant

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Er. Nagendra Kumar Mohanty, Advocate -versus-

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Prakash Chandra Gouda and Others

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…. Respondents

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Mr. B.K. Behera, counsel for Respondent No.1

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

20.7.2023

Order No.

The matter is taken up through hybrid mode.

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Heard Er. N.K. Mohanty, learned counsel for the insurer – Appellant and Mr. B.K. Behera learned counsel for the claimant – Respondent No.1.

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Present appeal is against the impugned judgment dated 15^th April, 2019 of learned Member, 2^nd MACT (Southern Division), Berhampur, Ganjam passed in MAC Case No.505/2000 (772/1997GDC), wherein compensation to the tune of Rs.4,45,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 30^th September, 1997 has been granted on account of injuries sustained by the injured-claimant in the motor vehicular accident dated 15^th February, 1997.

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Mr. Mohanty submits for the insurer that the insurance policy was not valid on the date of accident. Such submission made on behalf of the Appellant – insurer is rejected outright being without any substance. The insurer has not adduced any evidence on his part

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Page 1 of 2

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whereas the owner has remained ex-parte . Learned tribunal based on the police seizure report has opined on the validity of the insurance policy. Therefore, no merit is seen in such contention of the insurer to dispute valid coverage of the insurance policy in respect of the offending vehicle.

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On the question of quantum of compensation, the claimant is found a young boy aged about 22 years and he lost his left leg by amputation below the knee in the accident. As such no point is seen in favour of the contentions of the insurer to reduce the compensation amount granted in favour of the injured.

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In the result, the appeal is dismissed and the insurer – Appellant is directed to deposit the entire compensation before the tribunal along with interest as per its direction, within a period of two months from today; where-after the same shall be disbursed in favour of the injured – claimant on same terms and proportion as contained in the impugned judgment.

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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 of the awarded amount before the tribunal.

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It is made clear that this court has not disturbed the right of recovery as granted by the tribunal in favour of the Appellant.

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

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( B.P. Routray)

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Judge Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 21-Jul-2023 17:16:05

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M.K.Panda

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Branch Manager, M/S. the New India Assurance Co. Ltd. v. Prakash Ch.Gouda

Case brief

What is this about?

What did the court decide?

Branch Manager, M/S. the New India Assurance Co. Ltd. v. Prakash Ch.Gouda

Case brief

What is this about?

What did the court decide?

What the court decided

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