Allowed

National Insurance Company Ltd. v. Kumari Purnima Khatua

Orissa HC17 Mar 2023MACA/465/2020

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of two first appeals filed by insurance companies against a Motor Accident Claims Tribunal award. The court rejected contentions on liability and negligence, confirmed the compensation of Rs. 69,405 with 6% annual interest, and directed insurers to deposit the amount in an 80:20 ratio within two months.

What did the court decide?

Appeals disposed. Both insurers directed to deposit Rs. 69,405 with 6% annual interest in 80:20 ratio within two months. Statutory deposits to be refunded on proof.

National Insurance Company Ltd. Vs Kumari Purnima Khatua — Motor Accident Claims | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

MACA No.830 of 2019 & MACA No.465 of 2020

¶3

MACA No.830 of 2019

¶4

The Manager, IFFCO TOKIO General Insurance Company Ltd. …. Appellant Mr.G.P.Dutta, Advocate

¶5

-versus-

¶6

Kumari Purnima Khatua and others …. Respondents Mr.B.B.Singh, Advocate for Respondent No.1 Mr.J.R.Deo, Advocate for Respondent Nos.4 & 5

¶7

AND
MACA No.465 of 2020
National Insurance Company Ltd. …. Appellant
Mr.J.R.Deo, Advocate
-versus-
Kumari Purnima Khatua and others …. Respondents
Mr.B.B.Singh, Advocate for Respondent No.1
Mr.G.P.Dutta, Advocate for Respondent No.3

¶8

CORAM:

¶9

JUSTICE B. P. ROUTRAY

ORDER

17.03.2023

Order No.

The matter is taken up through Hybrid mode.

¶15

Both the appeals arise out of the same judgment dated 17^th May, 2019 passed by the IIIRD M.A.C.T., Balasore in M.A.C.No.58 of 2014, wherein compensation to tune of Rs.69,405/-

¶16

Page 1 of 3

¶17

along with interest @7.5% per annum has been granted from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident dated 2^nd August, 2013.

¶18

Heard Mr.Deo, learned counsel for the Insurer-National Insurance Company Ltd. and Mr.Singh, learned counsel for claimant as well as Mr.Dutta, learned counsel for the Insurer-IFFCO Tokio General Insurance Co. Ltd.

¶19

As per the discussions made and reasons stated in the connected appeals, i.e. MACA No. 829 of 2019 & 469 of 2020, all such contentions advanced by both the Insurance Companies regarding liability and proportion of negligence are rejected. This Court does not find any flaw in the finding of the Tribunal in distributing the proportion of negligence between both the drivers.

¶20

So far as the quantum of compensation is concerned, keeping in view the amount involved in the present claim, which is to the tune of Rs.69,405/-, the same is confirmed and payable along with interest @6% per annum.

¶21

In the result, the appeals are disposed of with a direction to both the Insurance Companies, i.e. National Insurance Co. Ltd. and IFFCO Tokio General Insurance Co. Ltd. to deposit the compensation amount of Rs.69,405/-(Sixty nine thousand four hundred five) along with interest @6% per annum from the date of filing of the claim application in the ratio of 80:20 respectively within a period of two months from today, where-after the same shall be disbursed in favour of the claimant.

¶22

Page 2 of 3

¶23

The statutory deposit made by the Appellants in both the cases with accrued interest thereon be refunded to them on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

¶24

Urgent certified copy of this order be granted on proper application.

¶25

( B.P. Routray)

¶26

Judge

¶27

C.R.Biswal

¶28

Page 3 of 3

National Insurance Company Ltd. v. Kumari Purnima Khatua

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Kumari Purnima Khatua

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pravas Sahani Vs Mahendra Patra

The Manager Legal, M/S. Shriram G.I.Co. Ltd. Vs Ajay Malik

Binod Ganesh Reddy Vs State of Odisha

Geetanjali Tripathy Vs Tanmaya Gohain and Anr.

National Insurance Company Ltd. Vs Kamala Karan

National Insurance Company Ltd. Vs Gautam Mahara