Authority: High Court of Orissa at Cuttack
Order Date: 10 July 2026
Case Overview
- Parties: Appellant – Divisional Manager, National Insurance Company Limited, Angul; Respondents – Rojalin Pradhan and four other claimants (R1‑R5).
- Proceedings: Appeal under Section 173(1) of the Motor Vehicles Act, 1988 challenging the quantum of compensation awarded by the 1st Motor Accident Claims Tribunal (MACT), Angul, in MAC Case No. 63 of 2022.
- Tribunal Award: Rs 25,88,720 with interest at 6% per annum from 08‑Aug‑2022 and penal interest at 9% per annum if not paid within three months of the judgment dated 05‑Dec‑2024.
- Disputed Issue: The insurer contested the age of the deceased, asserting 42 years based on the Aadhar Card, whereas the Tribunal had fixed the age at 38 years supported by the deceased’s driving licence (Exhibit 8) and lack of contrary evidence.
- Court Findings on Age: The Court held that the Aadhar‑based age claim lacked evidentiary support and upheld the Tribunal’s determination that the deceased was approximately 38 years old.
- Negotiated Settlement: After hearing both sides, the Court proposed a reduced compensation of Rs 23,50,000 with interest at 6% per annum from 08‑Aug‑2022, waiving penal interest. Claimants’ counsel accepted the proposal; the insurer’s counsel left the decision to the Court’s discretion.
Final Outcome
- The appeal is disposed of with modification of the compensation amount to Rs 23,50,000.
- Interest is fixed at 6% per annum from the date of filing of the claim application (08‑Aug‑2022) until actual realization.
- Penal interest is waived.
- The insurer is directed to deposit the modified compensation within eight weeks of this order.
- Upon deposit, the amount shall be disbursed proportionately to the claimants as per the original award, and any statutory deposit with accrued interest shall be refunded.
Topics: Compensation, Motor Accident