Disposed

The Divl. Manager, Oriental Insruance Co. Ltd. v. Prasanta Kumar Nanda

Orissa HC14 May 2024MACA/807/2023

Case brief

AI extract

What is this about?

Insurer's appeal against a motor accident compensation award of Rs.37,06,511 with 6% interest was disposed of by consent at a reduced amount of Rs.28,000,000... wait, Rs.28,00,000 (twenty-eight lakhs) with 6% interest from date of claim filing; default interest of 12% waived; statutory deposit refundable.

What did the court decide?

Reduced compensation of Rs.28,00,000 with 6% interest directed to be deposited within two months; 12% default interest waived; statutory deposit refunded on application.

The Divl. Manager, Oriental Insruance Co. Ltd. Vs Prasanta Kumar… — Insurance | Orissa HC (2024)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2024 16:37:45

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.807 of 2023

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…. The Divisional Manager, M/S. Oriental Appellant Insurance Co.Ltd.

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Mr.P.K.Mahali, Advocate

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-versus-

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Prasanta Kumar Nanda & Anr. …. Respondents

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Mr.B.K.Mohanty, Advocate

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

14.05.2024

Order No.

The matter is taken up through hybrid mode.

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Heard Mr.Mahali, learned counsel for the Appellant and Mr.Mohanty, learned counsel for claimant-Respondents.

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Present appeal by the Insurer is directed against judgment dated 23^rd March, 2023 of 3^rd Additional District Judge-cum-4^th MACT, Cuttack passed in M.A.C. Case No.1231 of 2017, wherein compensation to the tune of Rs.37,06,511/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 26^th February, 2017.

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Mr.Mahali submits that there is a delay of more than seven years in lodging the police case and therefore, the genuiness of accident involving the offending vehicle is doubtful. Such contention raised by Mr.Mahali is rejected outright in absence of

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2024 16:37:45

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any evidence led by the Insurer to substantiate their contention to doubt the involvement of offending vehicle. Moreover, the police upon completion of investigation has stated about involvement of the offending vehicle i.e. motorcycle bearing registration No. OD05-Y-1610 in the accident and submitted the charge-sheet against the accused driver.

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There is no dispute with regard to the validity of insurance policy. Upon hearing both parties so far as the quantum of compensation is concerned, a reduced compensation of Rs.28,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mohanty, learned counsel for the claimants. Mr.Mahali, 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, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced compensation of Rs.28,00,000/- (Twenty eight lakhs) along with interest @ 6% per annum with effect 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 claimants on such terms and proportion to be fixed by the Tribunal. The direction of the Tribunal for payment of default interest @12% is waived.

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The statutory deposit made by the Appellant with accrued interest thereon shall 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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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2024 16:37:45

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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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S.Das

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Page 3 of 3

The Divl. Manager, Oriental Insruance Co. Ltd. v. Prasanta Kumar Nanda

Case brief

What is this about?

What did the court decide?

The Divl. Manager, Oriental Insruance Co. Ltd. v. Prasanta Kumar Nanda

Case brief

What is this about?

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