National Insurance Company Ltd vs Nirupama Dalai And Others
2021 Latest Caselaw 13031 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.228 of 2014
                 National Insurance Company Ltd.         ....          Appellant
                                              Mr. Gautam Mishra, Sr. Advocate
                                           -versus-
                 Nirupama Dalai and Others               ....       Respondents
                                    Mr. K.K. Das, counsel for Respondent No.1

                             CORAM:
                             SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

23.12.2021 Order No.

08. 1. Heard Mr. G. Mishra, learned Senior Counsel for the insurer -

Appellant and Mr. K.K. Das, learned counsel for the claimant - Respondent No.1.

2. The present appeal by the insurer is challenging the impugned judgment dated 30th November, 2013 of the learned 4th MACT, Cuttack in MAC Case No.158 of 2013/221-2007.

3. In the impugned judgment, learned tribunal upon adjudicating the dispute has directed for payment of compensation to the tune of Rs.4,30,120/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 16th April, 2007 on account of death of the deceased in the motor vehicular accident dated 26th October, 2006.

4. It is contended by Mr. Mishra, learned Senior Counsel that the learned Tribunal has failed to consider the negligence on the part of

driver of the motorcycle in which the deceased was a pillion rider as the fact remains that the motorcycle dashed against the truck from its backside. It is also submitted that the police papers reveal that the truck was in stationary condition which were relied upon by the claimants to support their case and as such, their ocular evidence to the effect that the accident was the result of sudden brake in the truck is unacceptable.

5. Having heard both parties and upon perusal of the impugned judgment, it is seen from the record that neither the owner nor the insurer had adduced any evidence to rebut the case of the claimants with regard to the contention that the truck has abruptly applied the brake while moving on the road. The insurer examined only one witness on its behalf and mainly relied on the police papers submitted for criminal prosecution of the driver. It is true that the findings in the police papers cannot be the sole basis to be relied on in a case of motor vehicular compensation. It is to be seen what evidence has been adduced on record by respective parties in the present case. As such upon perusal of the evidence so adduced by P.Ws.1 to 4 vis-à-vis O.P.W.2, I do not find any reason to differ from the conclusion arrived by the learned Tribunal with regard to fixing negligence on the part of the driver of the offending truck. Resultantly, the contention raised on behalf of the insurer -Appellant is rejected.

6. There being no further challenge to the quantum of compensation, the same need not be discussed.

7. The appeal is dismissed.

8. The Appellant - insurer is directed to deposit the awarded compensation amount with interest before the tribunal within a period of eight weeks from today; where-after the said amount be disbursed to the claimant in the same proportion and terms as directed by the Tribunal.

9. The statutory deposit made by the appellant before this court along with accrued interest be refunded to the Appellant - insurer on proper application and on production of proof of deposit of the awarded amount before the tribunal.

10. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda