Odisha High Court
Transport, Maritime, and Aviation LawInsurance Law

Compensation reduced to ₹26 lakh with interest at 6% per annum.

MANAGER LEGAL, NEW INDIA ASSURANCE CO. LTD.,CUTTACK vs MAMI NAYAK

Odisha High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Compensation reduced to ₹26 lakh with interest at 6% per annum.. MANAGER LEGAL, NEW INDIA ASSURANCE CO. LTD.,CUTTACK vs MAMI NAYAK. Odisha High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The insurer appealed under Section 173(1) of the Motor Vehicles Act, 1988, against the Tribunal’s award of ₹31,56,000 with 7% annual interest to Respondents 1 and 2.

Source reference: p. 1, para. 1

It challenged the quantum and rate of interest.

Source reference: pp. 2–3, paras. 2–4

The Tribunal had also granted the insurer a right to recover the compensation from Respondent 3, the vehicle owner.

Source reference: pp. 2–3, paras. 2–4

Respondent 3 questioned that recovery direction in the appeal, but had filed neither a separate appeal nor a cross-objection

Source reference: pp. 2–3, paras. 2–4
02

Issues

Whether the compensation and interest awarded by the Tribunal should be reduced

Source reference: pp. 2–4, paras. 2, 5–6

Whether the Tribunal’s grant of a right of recovery to the insurer against Respondent 3 should be disturbed

Source reference: pp. 2–3, paras. 3–4
03

Law Applied

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988

Source reference: p. 1, para. 1

The Court relied on *Taslim Parvin & Another v. (Smt.) Usha Devi & Another*, 2018(2) TAC 22 (SC), as guidance in determining the appropriate compensation and interest in the circumstances of the case

Source reference: p. 4, para. 6

The judgment does not identify a further statutory formula or legal test for reassessing quantum or interest.

Source reference: no citation

It also treated the Tribunal’s recovery direction as unexceptionable where Respondent 3 had not appealed or cross-objected and had not established his pleading by cogent evidence

Source reference: pp. 2–3, para. 4
04

Reasoning

The Court noted that Respondent 3 had not challenged the recovery direction by appeal or cross-objection and had not produced cogent evidence before the Tribunal; it therefore affirmed the insurer’s right of recovery

Source reference: pp. 2–3, para. 4

On quantum and interest, after a consensus-seeking exercise, the claimants accepted the Court’s proposal of ₹26,00,000 with 6% annual interest from the date the claim application was filed, and the insurer left the matter to the Court’s discretion.

Source reference: pp. 3–4, paras. 5–6

Relying on *Taslim Parvin*, the Court found that this modification would serve the interests of justice

Source reference: pp. 3–4, paras. 5–6
05

Holding

The appeal was disposed of by modifying the award to ₹26,00,000 with simple interest at 6% per annum from 30 July 2019 until realization.

The insurer was directed to pay the modified amount within eight weeks; the Tribunal’s direction permitting recovery from Respondent 3 was affirmed.

Source reference: pp. 4–5, paras. 6–7

Upon proof of deposit of the modified compensation before the Tribunal, the statutory deposit and accrued interest were to be refunded

Source reference: pp. 4–5, paras. 6–7
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Odisha High Court

Original Court PDF

MANAGER LEGAL, NEW INDIA ASSURANCE CO. LTD.,CUTTACKvsMAMI NAYAK

Odisha High Court · October 08, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment