Disposed

D.M.,O.I.Co.Ltd. v. Tarini Ch.Gauda andANR

Orissa HC13 Jul 2023MACA/732/2011

Case brief

AI extract

What is this about?

The single judge of the High Court of Orissa dismissed the insurer's appeal against a motor accident compensation order. While retaining the principal sum of Rs. 20,000, the Court modified the interest rate from 7% to 6% per annum and directed the insurer to deposit the amount with interest for disbursement to the claimants.

What did the court decide?

The appeal was disposed of; the insurer directed to deposit Rs. 20,000 with 6% interest.

D.M.,O.I.Co.Ltd. Vs Tarini Ch.Gauda andANR — 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: 18-Jul-2023 16:50:30

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.732 of 2011

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…. Divisional Manager, Oriental Appellant Insurance Co.Ltd.

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Mr.M.Sinha, Advocate

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-versus-

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Tarini Charan Gauda & Anr. …. Respondents

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Mr. D.Mohanty, Advocate for Respondents

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

13.07.2023

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Sinha, learned counsel for the Appellant and Mr. Mohanty, learned counsel for claimants-Respondent.

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Present appeal by the Insurer is directed against judgment dated 12^th August, 2011 of 4^th MACT, Ganjam, in M.A.C. Case No.58 of 2003, wherein compensation to the tune of Rs.20,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 11^th June, 2006.

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Upon hearing both parties and considering all such grounds, I do not see any merit in the appeal to reduce the compensation amount. However, the rate of interest is modified to 6% and both parties agrees to the same.

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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: 18-Jul-2023 16:50:30

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In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the compensation amount of Rs.20,000/- (Twenty thousand) 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.

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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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The statutory deposit made by the Appellant with accrued interest thereon be refunded to him 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 application.

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( B.P. Routray) Judge

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S.Das

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D.M.,O.I.Co.Ltd. v. Tarini Ch.Gauda andANR

Case brief

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D.M.,O.I.Co.Ltd. v. Tarini Ch.Gauda andANR

Case brief

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