Delhi High Court
Dm,Icici Lombard Gen. vs Sambari Munda &Ors. on 21 August, 2013
Author: Subhash Chandra Parija
M.A.C.A. No.1011 of 2012
05. 21.08.2013 Heard learned counsel for the parties.
This appeal by the Insurance Company is directed
against the judgment dated 28.09.2012, passed by the 1 st Motor
Accident Claims Tribunal, Keonjhar, in M.A.C. Case No.76 of
2010, awarding an amount of Rs.5,00,000/- as compensation
along with interest @ 6% per annum from the date of filing of the
claim application, to be deposited within one month, failing
which, the compensation amount shall carry interest @9% per
annum till payment.
The sole contention of the learned counsel for the
appellant-Insurance Company is that as the fact detailed in the
impugned award clearly goes to show that the deceased was
travelling as a helper in the truck and contributed to the accident,
the liability should have been equally apportioned. In this regard
it is submitted that as the learned Tribunal has disbelieved the
FIR story, it was not justified in relying on the charge-sheet and
saddling the entire liability on the present appellant, as the
insurer of the offending vehicle.
Learned counsel appearing for the claimants in
support of the impugned award submits that as the learned
Tribunal has relied on the charge-sheet (Ext.2), which reveals
that after investigation, the Investigating Officer has submitted
charge-sheet against the driver of the offending truck, therefore
the impugned award cannot be faulted.
On perusal of the impugned award it is seen that the
learned Tribunal has disbelieved the FIR story and has taken note
of the fact that the post-mortem report clearly reveals that the
deceased helper sustained injuries on the head and not in other
parts of the bodies. Accordingly, learned Tribunal has disbelieved
the version of the claimants. However, learned Tribunal has relied
on the charge-sheet (Ext.2) in coming to hold that the driver of
the offending vehicle was rash and negligent in causing the
accident, which resulted in the death of the helper.
Considering the submissions made by learned
counsel for the parties and keeping in view the findings of the
learned Tribunal as given in the impugned award with regard to
the quantum of compensation amount awarded and the basis on
which the same has been arrived at, I feel, the interest of justice
would be best served if the awarded compensation amount of
Rs.5,00,000/- is modified and reduced to Rs.4,00,000/- (Rupees
Four lakhs), which is payable to the claimants along with interest
@6% per annum. The impugned award is modified to the said
extent.
The appellant-Insurance Company is directed to
deposit the modified compensation amount of Rs.4,00,000/-
(Rupees Four lakhs) along with interest @6% per annum, from
the date of filing of claim application with the learned Tribunal
within six weeks hence. On deposit of the said amount, the same
shall be disbursed to the claimants proportionately as per the
direction of the learned Tribunal given in the impugned award.
The statutory amount deposited in the Registry of
this Court along with accrued interest thereon shall be refunded
to the appellant-Insurance Company on production of receipt
showing deposit of the modified compensation amount and
interest before the learned Tribunal.
M.A.C.A. is accordingly disposed of.
.........................
S.C.Parija, J.
uks
