Dismissed

National Insurance Company Ltd. v. Gautam Mahara

Orissa HC17 Mar 2023MACA/466/2020

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed two appeals filed by insurance companies against a Motor Accident Claims Tribunal award. The Court rejected contentions regarding liability and negligence, confirming compensation of Rs.5,74,000 with 6% interest to be deposited by insurers in an 80:20 ratio.

What did the court decide?

Direction to insurers to deposit Rs.5,74,000 with 6% interest in 80:20 ratio and refund statistical deposit.

National Insurance Company Ltd. Vs Gautam Mahara — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.832 of 2019 & MACA No.466 of 2020

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MACA No.832 of 2019

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The Manager, IFFCO TOKIO General Insurance Company Ltd. …. Appellant

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Mr.G.P.Dutta, Advocate

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-versus-

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Gautam Mahara and others …. Respondents Mr.B.B.Singh, Advocate for Respondent Nos.1 to 3 Mr.J.R.Deo, Advocate for Respondent Nos.6 & 7

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AND

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MACA No.466 of 2020 National Insurance Company Ltd. …. Appellant Mr.J.R.Deo, Advocate

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-versus-
Gautam Mahara and others …. Respondents
Mr.B.B.Singh, Advocate for Respondent Nos.1 to 3
Mr.G.P.Dutta, Advocate for Respondent No.5

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

17.03.2023

Order No.

The matter is taken up through Hybrid mode.

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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.60 of 2014, wherein compensation to tune of Rs.5,74,000/- along with interest @7.5% per annum has been

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granted from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 2^nd August, 2013.

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

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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. The further contention of Mr. Deo regarding limits of liability of National Insurance Company Ltd. is also rejected with such observation given in the connected appeals.

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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.5,74,000/-, the same is confirmed and payable along with interest @6% per annum.

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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.5,74,000/- (Five lakh seventy four thousand) along with interest @6% per annum from the date of filing of the claim application in the ratio of 80:20 respectively

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within a period of two months from today, where-after the same shall be disbursed in favour of the claimants.

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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.

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Urgent certified copy of this order be granted on proper

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application.

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C.R.Biswal

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( B.P. Routray)
Judge

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Page 3 of 3

National Insurance Company Ltd. v. Gautam Mahara

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Gautam Mahara

Case brief

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What did the court decide?

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