Divisional Manager vs Panchali Majhi And Others
2021 Latest Caselaw 12603 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.808 of 2015

            Divisional Manager, National                 ....         Appellant
            Insurance Co. Ltd.
                                                     Mr. P.K. Mahali, Advocate
                                         -versus-
            Panchali Majhi and others               ....      Respondents
                      Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 5

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

07.12.2021 Order No.

07. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel, appearing on behalf of Mr. D.K. Pani, learned counsel for the Respondent Nos.1 to 5-claimants.

2. The present appeal has been filed by the Insurance Company against the award dated 31.03.2015 of the learned 1st MACT, Angul in MAC Case No.149 of 2011 wherein the learned Tribunal has granted compensation of 7,31,000/- along with 7% interest per annum to the claimants from the date of filing of the application i.e.27.12.2011 on account death of the deceased in a motor vehicular accident on 3.10.2011.

3. It is submitted on behalf of the Appellant that the learned Tribunal while determining just compensation has taken monthly

income of the deceased at Rs.4000/- which should be reduced to Rs.3000/- and further the amount of general damages should be reduced to Rs.70,000/- in terms of the decision of the apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680.

4. Having heard learned counsel for the Respondent Nos.1 to 5- claimants and going through the impugned judgment as well as considering the rate of minimum wages prevailing in the year 2011, the monthly income of the deceased is taken at Rs.3500/-. Further in terms of the principles propounded in the case of the Pranay Sethi (supra), the total compensation amount is reduced to Rs.5,80,000/-. All other terms in the impugned judgment remain unaltered.

5. The other contention raised by the Appellant that the there are materials to show that the driver of the offending motorcycle is a habitual offender, and therefore, the death of the deceased cannot be considered accidental, is rejected outright for the reason that no material has been produced on record to that effect besides the mere contention, nor even was it pleaded that the driver has intentionally caused the accident.

6. Accordingly, the Appellant-Insurance Company is directed to deposit the modified amount of Rs.5,80,000/- (rupees five lakhs eighty thousand) along with interest before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimants on the same proportion and terms as directed by the learned Tribunal.

7. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

8. The MACA is disposed of.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik