Disposed

Legal Manager, M/S. United India Insurance Co. Ltd. v. Purnabasi Mishra

Orissa HC11 Jul 2023MACA/93/2023

Case brief

AI extract

What is this about?

The High Court disposed of a motor accident claim appeal by fixing reduced compensation of Rs.72,00,000 with 6% interest, waiving penal interest, and directing the insurer to deposit the amount before the tribunal within two months.

What did the court decide?

Compensation fixed at Rs.72,00,000 with 6% interest; penal interest waived; insurer to deposit amount before tribunal within two months.

Legal Manager, M/S. United India Insurance Co. Ltd. Vs Purnabasi Mishra — Orissa HC (2023) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.93 of 2023

¶2

Legal Manager, M/s. United India …. Insurance Company Ltd., College Appellant Square, Cuttack

¶3

Mr. P.K. Mohanty, Advocate

¶4

-versus-

¶5

Purnabasi Mishra and Others …. Respondents Mr. P.K. Mishra, counsel for Respondents 1 & 2

¶6

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

11.7.2023

Order No.

The matter is taken up through hybrid mode.

¶12

Heard Mr. P.K. Mohanty, learned counsel for the insurer – Appellant and Mr. P.K. Mishra, learned counsel for claimant – Respondents.

¶13

Present appeal is against judgment dated 20^th October, 2022 of learned 1^st MACT, Jagatsinghpur passed in MAC Case No.55 of 2020, wherein compensation to the tune of Rs.76,21,360/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 29^th June 2020 has been granted on account of death of deceased Rohit Mohan Mishra in the motor vehicular accident dated 25^th November 2019.

¶14

Upon hearing both parties and considering all such grounds of challenge advanced, which are mainly on quantum of compensation, a reduced compensation of Rs.72,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the

¶15

claimants and Mr. Mohanty, learned counsel for insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

¶16

In the result the appeal is disposed of with a direction to the insurer – Appellant to deposit a reduced compensation of Rs.72,00,000/- (seventy two lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 29^th June 2020, 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 decided by the learned tribunal.

¶17

The penal interest @ 9% is waived.

¶18

The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

¶19

An urgent certified copy of this order be issued as per rules.

¶20

( B.P. Routray) Judge

¶21

M.K.Panda

¶22

Signature Not Verified

¶23

Page 2 of 2

¶24

Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 12-Jul-2023 14:51:42

Legal Manager, M/S. United India Insurance Co. Ltd. v. Purnabasi Mishra

Case brief

What is this about?

What did the court decide?

Legal Manager, M/S. United India Insurance Co. Ltd. v. Purnabasi Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Radhe Rana Vs Manguli Ch.Swain

Bichitrananda Sahoo Vs Binod Singh

Gouranga Charan Paital Vs Kailash Ch.Sahoo

Vinayak Mission Lord Vs Chairman,O.S.H.B.

N.I.a.Co.Ltd Vs Premananda Bariha

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