N.I.Co.Ltd v. Sushanti Mahanta
Case brief
What is this about?
Orissa High Court Cuttack; MACA No.386 of 2008; National Insurance Co. Ltd. (appellant, counsel S.K. Swain) vs Sushanti Mahanta & others (respondents/claimants, counsel P.K. Mishra); Judge R.K. Pattanaik; order dated 05.02.2026; delay condonation I.A. No.562 of 2023 under Section 5 Limitation Act, 86 days delay per SR; impugned award MAC Case No.107 of 2005 dated 15.12.2007 by 1st Motor Accidents Claims Tribunal Keonjhar; compensation Rs.1,68,400/-; interest reduced 9% to 6% per annum; 70:30 fixed deposit ratio; 30% released to respondent No.3; recovery of compensation from respondent No.1 owner of insured vehicle; deposit within eight weeks; statutory amount release with accrued interest; deceased respondents Nos.2 and 4 deleted, LR respondent No.3 on record; award modified; MACA disposed of.
What did the court decide?
Appeal disposed of with modification of the Tribunal's award: interest reduced from 9% to 6% per annum; deposit ratio fixed at 70% fixed deposit with 30% released to respondent No.3; Insurance Company permitted to recover the compensation amount from respondent No.1 (owner); Insurance Company to deposit the compensation within eight weeks before the Tribunal, and the statutory amount to be released to it immediately with accrued interest upon submission of the deposit receipt.