Bajaj Allaianz G.I.Co.Ltd. v. Mohini Pradhan
Case brief
What is this about?
Orissa High Court, Cuttack — MACA No.788 of 2017, Bajaj Allainz G.I. Co. Ltd. v. Mohini Pradhan & Others (order dt.12.12.2024, Biraja Prasanna Satapathy, J.). Insurer's motor accident appeal against MACT Bargarh award (judgment dt.30.03.2017): liability of the insured offending truck upheld on the basis of FIR and police charge-sheet against the driver despite plea that the truck was planted and a bus caused the accident; compensation affirmed without interference; interest reduced from 7.5% to 6% per annum from date of application till realisation; deposit within eight weeks, default interest 7% per annum thereafter; statutory deposit refundable only after payment. No statutes or precedents cited in the order.
What did the court decide?
M.A.C.A disposed of with modification limited to interest: compensation as awarded by the Tribunal left undisturbed; Claimant-Respondent Nos.1 & 2 entitled to the awarded compensation with interest @6% per annum payable from the date of application till realisation (reduced from 7.5%); Appellant-Company directed to deposit the amount with interest @6% before the Tribunal within eight (8) weeks from receipt of the order, failing which the awarded amount shall carry interest @7% per annum from expiry of the eight-week period till deposit; on deposit, the Tribunal to disburse the amount in favour of Claimant-Respondent Nos.1 & 2 in terms of the judgment dt.30.03.2017; Appellant-Company permitted to take refund of the statutory deposit with accrued interest only after deposit as directed, on proper identification.