Allowed

Divisional Manager,Oriental Insurance Co.Ltd. v. Nrusingha Charan Samal

Orissa HC27 Feb 2024MACA/373/2018

Case brief

AI extract

What is this about?

The High Court allowed the insurance company's appeal in part, reducing the compensation quantum due to lack of medical expense evidence and fixing the interest commencement date from when notice was received. The award was modified to Rs. 2,75,000 with 6% interest from October 1, 2013.

What did the court decide?

Compensation reduced to Rs. 2,75,000/- with 6% interest w.e.f. 01.10.2013; deposit directed within 8 weeks.

Divisional Manager,Oriental Insurance Co.Ltd. Vs… — Motor Accident Claims | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.373 of 2018

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Divisional Manager, Oriental Insurance …. Company Limited, Cuttack

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Appellant

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Mr. S. Satpathy, Advocate

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-Versus-

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Nrusingha Charan Samal & Another …. Respondents

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Mr. D. Patnaik for respondent No.1

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

27.02.2024

Order No.

Heard Mr. Satpathy, learned counsel for the appellant Insurance Company and Mr. Patnaik, learned counsel for claimant respondent No.1.

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None appears for respondent No.2.

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Instant appeal is filed by the appellant Insurance Company questioning the quantum of compensation directed in MAC Case No.945 of 2006 / 52 of 2015 by the learned 3^rd Additional District Judge-cum-4^th MACT, Cuttack on the grounds stated therein.

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Mr. Satpathy, learned counsel for the appellant Insurance Company submits that in absence of any evidence towards medical expenses borne by the claimant respondent No.1, learned Tribunal could not have allowed Rs.80,000/- on the said head and also for miscellaneous expenditure, which is hence on the higher side and therefore, it should be reduced to Rs.50,000/-. Furthermore, it is submitted that the interest which is payable on the compensation amount should commence on and from 1^st October, 2013 since the

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Page 1 of 3

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appellant Insurance Company received noticed on the said date, which is almost after seven years from date the claim application filed in 2006.

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Mr. Patnaik, learned counsel for claimant respondent No.1 submits that the petitioner incurred the medical and other expenditure, so, therefore, an amount of Rs.80,000/- was added by the learned Tribunal. In so far as notice received by appellant Insurance Company is concerned, it is fairly admitted by Mr. Patnaik, learned counsel for claimant respondent No.1 that the notice was served in 2013.

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Considering the above facts and submissions of learned counsel for the respective parties, the Court is inclined to accept the claim for reduction in the compensation amount and on a recalculation, it stands at Rs.2,74,500/- which is rounded off with a figure of Rs.2,75,000/- which shall be payable to the claimant respondent No.1 with effect from 1^st October, 2013 @ 6% per annum, which has been allowed by the learned Tribunal as the same would be fair and reasonable in the facts and circumstances of the case.

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Accordingly, it is ordered.

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In the result, the appeal stands allowed in part. As a necessary corollary, the impugned award in MAC Case No.945 of 2006 / 52 of 2015 is hereby modified to the extent as aforesaid with a direction to the appellant Insurance Company to deposit of Rs.2,75,000/- with interest payable @ 6% per annum with effect from 1^st October, 2013 within eight weeks from today, whereafter,

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Page 2 of 3

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the same shall immediately be disbursed in favour of claimant respondent No.1. It is further directed that statutory deposit along with accrued interest thereon shall be refunded to the appellant Insurance Company on proof such deposit and disbursement made.

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Urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Tudu

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Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 28-Feb-2024 18:52:16

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Divisional Manager,Oriental Insurance Co.Ltd. v. Nrusingha Charan Samal

Case brief

What is this about?

What did the court decide?

Divisional Manager,Oriental Insurance Co.Ltd. v. Nrusingha Charan Samal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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