Allowed

Keshari Swain and Ors. v. D.M.,O.I.Co.Ltd.

Orissa HC4 Jul 2023MACA/708/2011

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of the appeal arising from a motor accident claim. It directed the insurer to deposit an additional consolidated sum of Rs.5,00,000/- within two months for disbursement to the claimants, while retaining the Tribunal's direction regarding the right of recovery in favor of the insurance company.

What did the court decide?

Order directed the Insurer to deposit a further consolidated sum of Rs.5,00,000/- within two months.

Keshari Swain and Ors. Vs D.M.,O.I.Co.Ltd. — Insurance | 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: 06-Jul-2023 10:48:58

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.708 of 2011

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Keshari Swain & Ors. …. Appellants

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Mr.S.K.Pradhan-3, Advocate

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-versus-

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…. Divisional Manager, Oriental Respondents Insurance Co.Ltd. & Anr.

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Mr.G.P.Dutta, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

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ORDER

04.07.2023

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr. Pradhan, learned counsel for the Appellant and Mr.Dutta, learned counsel for Respondent No.1.

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Present appeal by the Claimants are directed against judgment dated 21^st June, 2011 of 2^nd M.A.C.T., Berhampur, in MAC Case No.41/08(282/04), wherein compensation to the tune of Rs.3,02,500/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased by motor vehicular accident on 16^th March, 2004.

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Upon hearing both parties and considering all such grounds of challenge advanced, including the fact that no future prospect has been added to the income of the deceased and lesser amount towards general damages has been paid, a further

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Page 1 of 2

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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: 06-Jul-2023 10:48:58

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consolidated sum of Rs.5,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Pradhan, learned counsel for the claimants. Mr.Dutta, 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, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated sum of Rs.5,00,000/- (Five lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

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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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Urgent certified copy of this order be granted on proper application. (B.P. Routray) Judge S.Das

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Keshari Swain and Ors. v. D.M.,O.I.Co.Ltd.

Case brief

What is this about?

What did the court decide?

Keshari Swain and Ors. v. D.M.,O.I.Co.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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