Orissa High Court
Heard Mr.Adam Ali Khan vs Unknown on 12 January, 2021
MACA NO.635 OF 2017
06 12.01.2021 MACA NO.635 OF 2017 & MACA NO.429 OF 2017
These matters are taken up through Video
Conferencing because of COVID-19 Pandemic.
Heard Mr.Adam Ali Khan, learned counsel for the
appellant and Mr.P.K. Mishra, learned counsel for the
respondents.
The Insurance Company has challenged the impugned
judgment dated 17.03.2017 passed by the learned 3rd Motor
Accident Claims Tribunal, Talcher, Dist-Angul in M.A.C.
Case No.79 of 2015 awarding an amount of Rs.9,80,000/-
along with interest @ 7.5% from the date of filing of the case.
Learned counsel for the Insurance Company
submitted that since the alleged offending tractor trolley was
insured under a miscellaneous vehicle package policy for
agricultural purpose having sitting capacity one as such the
risk of any other persons/labouerer travelling in the said
vehicle was not covered under the said policy, as such it is
not liable to pay any compensation but the learned Tribunal
committed gross illegality by directing the appellant to pay
the entire compensation amount which vitiates the entire
judgment.
Gs Learned counsel for the Insurance Company further
submitted that the admitted case of the claimants before the
learned Tribunal was that the deceased was travelling as a
labourer in the alleged offending tractor trolley but as per
2
Ext.A and B the sitting capacity of the tractor trolley being
one which is always meant for the driver and no extra
premium having been paid by the owner of the alleged
offending vehicle for covering the risk of any labourer as
such the appellant is neither statutorily nor contractually
liable to pay any compensation which has been lost sight of
the learned Tribunal.
Learned counsel for the Insurance Company further
submitted that since the sitting capacity of the tractor trolley
being one as such as per the permit condition no other
person except the driver can travel in the alleged offending
tractor trolley and further no extra premium having been
paid for covering the risk of any labourer as such the
appellant is neither statutorily nor contractually liable to pay
any compensation on account of the death of the deceased
who was traveling as a labourer in the said tractor trolley
but the said learned Tribunal relying on the judgment of this
Hon'ble High Court has held that the trolley attached to a
tractor its goods carriage as per Section 147(I) of the M.V.
Act no extra premium is required to be paid to cover the
liability of such a labourer which is against the ratio laid
down by the Hon'ble Supreme Court in the judgment
reported in 2008(I) T.A.C. page-6.
Learned counsel for the Insurance Company further
submitted that the learned Tribunal has committed illegality
by awarding Rs.1,00,000/- under the heading of the general
damages which is against the statutory prescription of
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Rs.9,500/- .
Learned counsel for the Insurance Company further
submitted that the learned Tribunal fell into error by
directing the appellant to pay interest @ 7.5% per annum
which is against the settled principle of law.
Learned counsel for the claimants submits that the
when the deceased was aged about 32 years at the time of
accident and having monthly income of Rs.10,000/- by doing
the work of a daily labour and agriculturalist as per the oral
evidences of P.Ws.1 and 2 and the documentary evidences
under Exts.12-18, the learned Tribunal should have taken the
income from the agriculture as Rs.10,000/- per annum instead
of rs.4,000/- per month in absence of any contrary evidences
from the side of the opposite parties. Hence the same is liable
to be modified and enhanced by holding the income as
Rs.10,000/- per month and the future prospect as 50% of the
income keeping the age of the deceased in mind by the
interference of this Hon'ble Court.
Considering the submissions made by the learned
counsel for the respective parties and on perusal of the
impugned order more particularly on the basis on which the
same has been arrived at, the impugned judgment dated
17.03.2017 passed by the learned 3rd Motor Accident Claims
Tribunal, Talcher, Dist-Angul in M.A.C. Case No.79 of 2015
is set aside and the amount of compensation awarded by the
learned Tribunal is modified to Rs.9,50,000/- (Rupees Nine
lakhs fifty thousand). The Insurance Company is directed to
deposit the modified amount with 7% interest per annum from
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the date of filing of the claim case till realization before the
learned Tribunal within a period of eight weeks from today. The
learned Tribunal is directed to disburse the same amongst the
claimants proportionately on proper identification.
The statutory deposit before this Hon'ble Court be
refunded to the appellant along with accrued interest upon
showing the receipt of deposit of the modified awarded amount
before the learned Tribunal.
Accordingly, the MACAs are disposed of.
.........................
P. Patnaik, J.
