D.M.,O.I.Co.Ltd. Vs Ashok Ku.Behera — Orissa HC (2025) — LawSathi Research

D.M.,O.I.Co.Ltd. Vs Ashok Ku.Behera — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of by modifying the award to Rs.4,30,000/- with 6% interest from the date of application till deposit before the Tribunal in seisin; statutory deposit with accrued interest to be refunded to the Insurance Company within six weeks subject to proof of deposit of the awarded amount with 6% interest; right of recovery granted by the Tribunal left intact.

Issue for consideration

Whether the delay in filing MACA No. 857 of 2014 should be condoned (I.A. No.1068 of 2023). +1 more

Court's answer

Delay in filing the appeal is condoned, taking into account the submissions and the recitals in the I.A.; the I.A. stands disposed of.

Ratio / Principle

On analysis of the materials and evidence on record, the Court held that reducing the compensation from Rs.4,82,250/- to Rs.4,30,000/- while leaving the 6% interest as awarded untouched would sub-serve the ends of justice; the appeal is disposed of on that modified quantum.

Key takeaways

The right of recovery granted by the Learned Tribunal is not interfered with; it remains open to the Insurance Company to recover the awarded amount with accrued interest in accordance with law.ratio¶31

Detailed headnote1 paragraphs

Motor Accident Appeal (MACA No. 857 of 2014, High Court of Orissa at Cuttack, V. Narasingh J., order dated 28.10.2025): Delay in filing the appeal condoned (I.A. No.1068 of 2023). The insurer's challenge to the award dated 16.05.2014 of the 3rd Additional District Judge-cum-Motor Accidents Claims Tribunal, Puri in M.A.C No. 109/2011 (Rs.4,82,250/- with 6% interest per annum from 20.04.2011 till payment) was confined to quantum, described as a 'bonanza'. The Court modified the compensation from Rs.4,82,250/- to Rs.4,30,000/-, retaining the 6% interest from the date of application till deposit before the Tribunal, and disposed of the appeal. The statutory deposit with accrued interest is to be refunded to the Insurance Company within six weeks, subject to proof of deposit of the awarded amount with 6% interest before the Tribunal; the right of recovery granted by the Tribunal was expressly left uninterfered with.

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 857 of 2014

The Divisional Manager, The Oriental Insurance Company Ltd.

…. Appellant

Mr. M.C. Nayak, Advocate

-versus-

1. Sri Ashok Kumar Behera

2. Sri Manas Ranjan Das

…. Respondents

Mr. P.K. Mishra, Advocate

CORAM: JUSTICE V. NARASINGH

ORDER

28.10.2025

I.A. No.1068 of 2023

Order No.

This I.A. has been filed for condonation of delay in filing the appeal.

Heard learned counsel for the parties.

Taking into account the submissions and considering the recitals in the I.A., delay in filing the appeal is condoned.

Accordingly, the I.A. stands disposed of.

(V. Narasingh) Judge

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MACA No. 857 of 2014

Order No.

1. Heard learned counsel for the AppellantInsurance Company and learned counsel for the Respondents.

The Appellant-Insurance Company has filed this appeal challenging the impugned award dated 16.05.2014 passed by the learned 3rd Additional District Judge-cum-Motor Accidents Claims Tribunal, Puri in M.A.C No. 109/2011 of 2011/2014, awarding a compensation of Rs.4,82,250/- along with interest at the rate of 6% per annum from the date of filing of the application, i.e., 20.04.2011, till the date of payment.

This impugned award has been assailed primarily on the ground of quantum, stating that the amount awarded is excessive and amounts to “bonanza”.

Considering the rival submissions and on perspicuous analysis of the materials and evidence on record, this Court is of the considered view that modifying the compensation from Rs.4,82,250/- to Rs.4,30,000/- without interfering with the interest of 6% as awarded would sub-serve the ends of justice. 5. Accordingly, the appeal is disposed of by modifying the award to Rs.4,30,000/- with 6% interest from the date of application till the deposit thereof before the Tribunal in seisin.

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The statutory deposit along with accrued interest be refunded to the Insurance Company as per procedure, within a period of six weeks, subject to the Insurance Company submitting proof of the deposit of the awarded amount with accrued interest @ 6% before the tribunal in seisin.

It is clarified that the right of recovery as granted by the Learned Tribunal has not been interfered with; as such, it is open for the Insurance Company to take steps for recovery of the amount as awarded along with the accrued interest in accordance with law.

The MACA is accordingly disposed of.

(V. Narasingh) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 30-Oct-2025 19:05:36

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