Allowed

D.M., M/S. Oriental Insurance Co.Ltd. v. Pratima Das

Orissa HC11 Jul 2023MACA/50/2023

Case brief

AI extract

What is this about?

This order disposed of two motor accident claims appeals. The High Court accepted a compromise to fix the compensation at Rs. 11,68,400 with interest at 6% per annum, directing the insurer to deposit the reduced amount.

What did the court decide?

Compensation fixed at Rs. 11,68,400 with interest at 6% per annum directed to be deposited by the insurer.

D.M., M/S. Oriental Insurance Co.Ltd. Vs Pratima Das — Motor Accident Claims | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Jul-2023 14:32:57

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA Nos.50 & 31 of 2023

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MACA No. 50 of 2023
….
Divisional Manager, M/S. Oriental Appellant
Insurance Co.Ltd.
Mr. N.B.Das, Advocate
-versus-
Pratima Das & Ors. …. Respondents
Mr.P.K.Mishra, Advocate for Respondents
MACA No.31 of 2023
Pratima Das & Anr. …. Appellants
Mr.P.K.Mishra, Advocate
-versus-
….
Pradipta Kumar Sahoo & Anr. Respondents
Mr. N.B.Das, Advocate
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
11.07.2023
I.A. No. 63 of 2023

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Order No.

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The matter is taken up through hybrid mode.

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The Appellant being the Claimant is exempted from payment of Court fee for the time being.

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The I.A. is disposed of.

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MACA Nos. 50 & 31 of 2023

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Heard Mr.Das, learned counsel for the Appellant and Mr.Mishra, learned counsel for the Respondents.

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Jul-2023 14:32:57

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Both the appeals being arise out of the same judgment dated 27^th October 2022 passed by District Judge-cum-1^st Motor Accident Claims Tribunal, Dhenkanal in MAC Case No. 289 of 2018, wherein compensation to the tune of Rs.10,16,400/- was granted along with interest @ 7 % per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 15^th October 2018, are heard together and disposed of by this common order.

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Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals including addition of future prospects and appropriate multiplier as well as adequate amount towards general damages, a modified compensation of Rs.11,68,400/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Mishra, learned counsel for the claimants. Mr. Das, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

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In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 11,68,400/- (Eleven lakhs sixty eight thousand four hundred) along with interest @ 6% per annum with effect 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 claimants on such terms and proportion to be fixed by the Tribunal. However, as prayed on behalf of the Appellant, it is open for the insurer to seek such right of recovery, if recoverable, from the owner of the

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Jul-2023 14:32:57

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vehicle in accordance with law after affording opportunity of hearing to the owner.

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On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No. 50 of 2023 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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

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S.Das

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( B.P. Routray)
Judge

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Page 3 of 3

D.M., M/S. Oriental Insurance Co.Ltd. v. Pratima Das

Case brief

What is this about?

What did the court decide?

D.M., M/S. Oriental Insurance Co.Ltd. v. Pratima Das

Case brief

What is this about?

What did the court decide?

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