Authority: High Court of Orissa at Cuttack
Order Date: 28 September 2026
Case Overview
- Parties: Appellant – Reliance General Insurance Co. Ltd., Branch Manager, Bhubaneswar; Respondents – Sushil Jaiswal and another (injured claimant).
- Appeal filed under Section‑173 of the Motor Vehicles Act, 1988 (MACA No.440 of 2025) against the judgment of the 5th Motor Accident Claims Tribunal, Rourkela dated 28‑11‑2024 (M.A.C. Case No.185 of 2017).
- Tribunal had directed the insurer to pay Rs 23,52,450 as compensation to the claimant‑respondent No.1 together with simple interest at 6% from 15 July 2017.
- The insurer challenged the award on two grounds: (i) quantum of compensation and (ii) alleged contributory negligence of the claimant.
- The insurer offered no evidence to substantiate contributory negligence and could not dispute the air‑ambulance transfer of the claimant to Delhi, as evidenced by discharge summary (Ext. 8) and air‑ambulance bill (Ext. 9) admitted without objection.
- The court, after negotiations, proposed a settlement amount of Rs 19,00,000 plus interest at 6% per annum from 15 July 2017.
- Claimant’s 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 19,00,000 (Rupees Nineteen Lakhs) together with interest at 6% per annum from the date of filing of the claim application (15 July 2017) until realization.
- The insurer is directed to pay the modified compensation within eight weeks from the date of this order.
- Upon deposit of the modified amount, it shall be disbursed to the claimant‑respondent No.1 in accordance with the Tribunal’s award, and the statutory deposit along with accrued interest shall be refunded upon receipt of proof of deposit.
Topics: Motor Accident Compensation, Insurance Litigation