D.M.,Reliance General Insurance Co.Ltd. v. Sachala Pradhan
Case brief
What is this about?
MACA No.810 of 2024; High Court of Orissa at Cuttack; Justice G. Satapathy; Reliance General Insurance Co. Ltd. (appellant) v. Sachala Pradhan & Others (claimant-respondents 1 to 4); appeal under S.173(1)/Section-173 Motor Vehicles Act 1988; challenge to quantum of compensation only; Tribunal award Rs.89,15,298/- with 6% interest w.e.f. 24.09.2021 (M.A.C. Case No.155 of 2019, 114/2016GDC, 2nd MACT (SD) Berhampur, Ganjam); appeal filed with 451 days' delay, condonation conceded by claimants; negotiated reduction to Rs.80,00,000/- (Rupees Eighty Lakhs) with 6% interest; Apex Court decision relied on: Taslim Parvin & Another vrs. (Smt.) Usha Devi & Another, 2018(2) TAC 22 (SC); appeal disposed of with modification; payment within eight weeks; proportionate disbursement; refund of statutory deposit with accrued interest.
What did the court decide?
Compensation reduced from Rs.89,15,298/- to Rs.80,00,000/- (Rupees Eighty Lakhs) with interest @ 6% per annum w.e.f. 24.09.2021 (date of filing of claim application) till realization, payable by the insurer to claimant-respondent Nos. 1 to 4 within eight weeks; disbursement proportionately in terms of the award; statutory deposit with accrued interest to be refunded on receipt of the modified amount before the Tribunal.