Allowed

N.I.Co.Ltd v. Ghana Jani

Orissa HC14 Dec 2023MACA/983/2010

Case brief

AI extract

What is this about?

The High Court disposed of an appeal by the insurer challenging the quantum of motor accident compensation. Finding the deceased income assessment too high, the Court reduced the award to Rs.3,00,000 with 6% interest and ordered further procedural steps for refunding excess amounts.

What did the court decide?

Compensation reduced to Rs.3,00,000 with 6% interest from date of application; balance to be refunded via application.

N.I.Co.Ltd Vs Ghana Jani — Insurance | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

MACA NO.983 OF 2010

¶3

National Insurance Company Ltd.

¶4

…. Appellant Mr.S.K.Padhi, Advocate.

¶5

-versus-

¶6

Ghana Jani & others

¶7

…. Respondents

¶8

Mr.Asim Amitav Das,Advocate for R-1.

¶9

Mr.Dhananjaya Mund, Advocate for R-3

¶10

CORAM:

¶11

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

14.12.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶17

This appeal has been filed by the Insurance Company-Insurer challenging the award/judgment dated 27.03.2010 passed in Misc.Case No.44 of 2006 by the learned Additional District Judge-cum-M.A.C.T., Nabarangpur.

¶18

Heard Mr.A.P.Das, learned counsel for the appellant as well as Mr. D.Mund, learned counsel for the respondent-Claimants. Although notice was issued to the owner of the vehicle-Respondent No.2, however despite valid service on respondent No.2, none appears on behalf of Respondent No.2.

¶19

Learned counsel for the appellant-Insurance Company at the outset submitted that there was a dispute with regard to apportionment of the awarded amount. He further contended that the deceased was a spinster, therefore, the awarded amount should have been disbursed in favour of the father of the deceased. While the claim case was pending,

¶20

// 2 //

¶21

another person claiming to be the husband of the deceased lodged a claim before the Tribunal. Learned Tribunal after considering this claim vide impugned judgment dated 27.03.2010 has come to a conclusion that he is the legally married husband of the deceased. Therefore, he is only entitled to the compensation amount. Challenging the aforesaid award, the father of the deceased had filed an appeal bearing MACA No.500 of 2010, Learned counsel for the appellant in the said MACT did not want to proceed with the matter and accordingly a prayer was made to dispose of the matter as not pressed.

¶22

This Court in a separate order has disposed of the matter as not pressed. Therefore, the claim of Jaising Jani, father of the deceased stands extinguished, who is also Respondent No.3 in the present appeal. The only surviving claimant is Respondent No.1, namely Ghana Jani. In view of the aforesaid development, nothing survives to be adjudicated with regard to apportionment and entitlement of the ClaimantRespondent. Only one claimant is left out.

¶23

Learned counsel for the Insurance Company further submitted that the quantum of compensation is on the higher side. He further submitted that while calculating the compensation amount, the income of the deceased has been taken as Rs.3000/- per month, which is in the higher side considering the fact that the deceased was a vegetable vendor at the relevant point of time. On perusal of the record, it appears that the notice has been returned with valid service against Respondent No.1 and he has appeared through his counsel. However, non-appears on behalf of the Respondent No.1 when the matter is taken up.

¶24

Considering the fact that the appeal is pending since 2010, this Court is of the view that the matter should be disposed of on its own merit on the basis of the materials available on record. Upon a careful consideration of the evidence on record, this Court is of the view that the income of the deceased has been assessed on the higher side.

¶25

// 3 //

¶26

Keeping in view the interest on the claim amount, this Court deems it proper that the award OF compensation be modified to the extent that the compensation amount would be reduced to Rs.3,00,000/-. With interest at the rate of 6% per annum from the date of application. Accordingly, the appeal stands disposed of with the modification as indicated hereinabove. It is stated by the leaned counsel for the appellant that the awarded amount be paid to the Claimant within a period of two months. Thereafter the Insurance Company shall make an application before the Registrar of this Court for refund of the amount and on production of the application to refund the money to the Insurance Company along with accrued interest. On an application

¶27

being made by the Insurance Company, the statutory amount be returned to the appellant with interest.

¶28

RKS

¶29

( A.K. Mohapatra )
Judge

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2023 10:41:24

N.I.Co.Ltd v. Ghana Jani

Case brief

What is this about?

What did the court decide?

N.I.Co.Ltd v. Ghana Jani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ranjit Kumar Singh Vs State of Orissa

Nirakar Mohanty Vs State of Odisha

Upendra Kumar Mohanty Vs State of Odisha

Icici Lombard Genera Vs Jemamani Rout

Jaising Jani Vs Ghana Jani

Hemanta Ku.Ojha Vs M/S.M.S.L