Disposed

Santanu Kumar Sahu v. Satyanarayan Bisoye

Orissa HC13 Dec 2024MACA/384/2015

Case brief

AI extract

What is this about?

Cross appeals by insurer and injured claimant against a Tribunal award of Rs.80,000 with 6% interest for accident injuries. By consent, compensation enhanced to Rs.1,40,000 with 6% interest; insurer directed to deposit within two months and permitted recovery from owner over permit objection.

What did the court decide?

Enhanced compensation of Rs.1,40,000 with 6% interest payable by insurer within two months; refund of statutory deposit to insurer.

Santanu Kumar Sahu Vs Satyanarayan Bisoye — Motor Accident Claims | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.590 of 2015 & MACA No.384 of 2015

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MACA No.590 of 2015 The Divisional Manager, ICICI Lombard General Insurance Company

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…. Appellant

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Mr.A.A.Khan, Advocate

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-versus-

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Sasntanu Kumar Sahu and another …. Respondents Mr.P.C.Pattnaik, Advocate for Respondent No.1

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AND

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MACA No.384 of 2015 Santanu Kumar Sahu

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…. Appellant

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Mr.P.C.Pattnaik, Advocate

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-versus-

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Satyanaayan Bisoye and another …. Respondents Mr.A.A.Khan, Advocate for Respondent No.2

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

13.12.2024

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Khan, learned counsel for the Insurer and

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Mr.Pattnaik, learned counsel for the Claimant.

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Page 1 of 3

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Both the appeals arise out of same judgment dated 22^nd December, 2014 passed by the learned IIIrd M.A.C.T., Bhanjanagar, in M.A.C.144/2007, wherein compensation to tune of Rs.80,000/- along with interest @6% per annum has been granted from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident dated 22^nd November 2006.

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MACA No.590 of 2015 has been filed by the Insurer challenging the award and MACA No.384 of 2015 has been filed by the injured-claimant for enhancement of the compensation amount.

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Upon hearing both parties and considering all such grounds advanced in both the appeals, an enhanced compensation of Rs.1,40,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Pattnaik, learned counsel for the claimant. Mr.Khan, 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, both the appeals are disposed of with a direction to the Insurer to deposit the enhanced compensation of Rs.1,40,000/- (One lakh forty thousand) along with interest @6% per annum 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 claimant on such terms and proportion to be fixed by the Tribunal.

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Since it is contended by the Insurer-Appellant that the offending vehicle did not have valid permit on the date of

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Page 2 of 3

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accident, the Insurer is permitted to proceed in accordance with law for recovery of compensation amount from the owner.

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The statutory deposit made by the Appellant in MACA No.590 of 2015 along 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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Himansu

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 13-Dec-2024 17:29:22

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Page 3 of 3

Santanu Kumar Sahu v. Satyanarayan Bisoye

Case brief

What is this about?

What did the court decide?

Santanu Kumar Sahu v. Satyanarayan Bisoye

Case brief

What is this about?

What did the court decide?

What the court decided

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