Orissa High Court
MACA/424/2020 on 5 January, 2021
MACA NO.424 OF 2020
6. 05.01.2021 This matter is taken up through Video Conferencing
because of COVID-19 Pandemic.
Heard Mr.Prasanta Kumar Mahali, learned counsel for
the appellant and Mr.P.K. Mishra, learned counsel for the
respondents.
The Insurance Company has challenged the impugned
award dated 02.01.2020 passed by the learned 3rd Motor
Accident Claims Tribunal, Bhubaneswar in M.A.C. No.79/301
of 2017 awarding an amount of Rs.4,55,560/- along with
interest @ 7% from the date of filing of the case.
Learned counsel for the appellant-Insurance Company
submitted that the alleged accident took place on 01.06.2009
and the claim application has been filed on 26.12.2017 which
is after 8 years and 6 months after the accident. It is settled
principle of law as laid down by the Hon'ble apex Court (2017
Vol.4 SCC 783) that an inordinate delay in filing the claim
application before the learned Tribunal should not entertained
and the same is liable to be dismissed on the ground of delay.
The learned Tribunal ought to have dismissed the claim
application on the ground of delay but failed to understand the
law.
Gs Learned counsel for the appellant-Insurance Company
further submitted that there is no finding as regards the D.L of
the driver of the offending vehicle and the accused driver-
Dhirendra Kumar Pradhan had no D.L. to drive the transport
vehicle at the time of accident and also not renewed his license
after 2006 hence the learned Tribunal ought to have held that
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the driver of the truck had no valid DL and ought not to have
saddled the liability on the appellant. The learned Tribunal
ought to have completely exonerated the appellant from the
liability.
Learned counsel for the appellant-Insurance Company
further submitted that the offending vehicle being a transport
vehicle it requires valid route permit to be plied on the road but
in the present case the offending vehicle had no valid permit at
the time of accident. It is settled principle of law that use of
vehicle in public place without a permit is fundamental
statutory infraction (2018 Vol.3 TAC-1 SC). The owner has
violated the statutory provision i.e., Section 66 of M.V. Act.
Hence, the liability saddled on the appellant-Insurance
Company is bad in law and the award is liable to be set-aside.
The photo start copy of the D.L. and permit are filed herewith
for kind perusal of this Hon'ble Court and proper adjudication
of this case.
Learned counsel for the appellant-Insurance Company
further submitted that as regards the assessment of monthly
income of the deceased at Rs.2700/- as per Minimum Wages
Act. is wrongly taken by the learned Tribunal instead of
Rs.2100/- per month. The quantum of compensation is in a
much higher side.
Learned counsel for the appellant-Insurance Company
lastly submitted that the deceased was a bachelor, as per the
apex Court judgment the non-pecuniary damages should have
been added by the learned Tribunal Rs.30,000/- instead of
rs.70,000/-.
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Learned counsel for the claimant-respondent no.1
supports the impugned award passed by the learned Tribunal
on the ground that there is no infirmity or illegality warranting
any interference as the appellant-Insurance company has
neither adduced any oral nor any documentary evidence.
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 award dated
02.01.2020 passed by the learned 3rd Motor Accident Claims
Tribunal, Bhubaneswar in M.A.C. No.79/301 of 2017 is set
aside and the amount of compensation awarded by the learned
Tribunal is modified to Rs.3,75,000/- (Rupees three lakhs
seventy five thousand). The Insurance Company is directed to
deposit the modified amount with 7% interest from 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 to the claimant on
proper identification. However liberty is granted to the
appellant for filing of an application for recovery of the said
amount from the owner of the offending vehicle if recoverable in
accordance with law.
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 MACA is disposed of.
.........................
P. Patnaik, J.
