Orissa High Court
New India Assurance Co. Ltd vs Dharitri Bhuyan And Others on 10 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1147 of 2014
New India Assurance Co. Ltd. .... Appellant
Mr.S.K.Sarangi, Advocate
-versus-
Dharitri Bhuyan and others .... Respondents
Mr.Sanjib Swain, Advocate for Respondent Nos.1 to 4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.11.2021
Order No.
16. 1. Heard Mr.Sarangi, learned counsel for the Appellant and
Mr.Swain, learned Advocate for claimants-Respondent Nos.1 to
4.
2. The present appeal by the insure is directed against the
impugned judgment and award dated 31st July, 2014 passed by
the 4th MACT, Puri in MAC Case No.208 of 1996.
3. The deceased was a police constable and he died on
13.12.1995. The case of the claimants was that the deceased died
due to motor vehicular accident involving a Mini Truck bearing
Registration No.OR-0B-6271.
4. It is submitted on behalf of the Appellant that the learned
Tribunal by ignoring the opinion of the postmortem doctor that
speaks the injuries found in the dead body of the deceased upon
postmortem examination are not likely to be possible due to
vehicular accident since no superficial injuries are present
corresponding to the factures of rib, has come to the conclusion
that the deceased died due to vehicular accident.
5. Considering such submission of the Appellant, perusal of
postmortem report marked under Ext.9 reveals that there was
fracture of rib bones and the left side lungs was punctured by
such fractured fragments and the death is due to shock and
hemorrhage caused by the injuries so mentioned in the
postmortem report including the afore-stated injury. The inquest
report under Ext.C reveals at column 5 that the relatives of the
deceased suspect homicidal death of the deceased.
6. On the background of the contentions raised by the Appellant,
if the contents of the postmortem report, Ext.C, Ext.D and the
opinion of the doctor under Ext.9 are read cumulatively, the
opinion arrived by the doctor under Ext.D cannot be said to be
conclusive and final to suggest the death of the deceased is
otherwise than accidental. The learned Tribunal while arriving at
such conclusion about the nature of death of the deceased perhaps
has forgotten to assign the reasons. However, upon perusal of
evidence of P.W.2 - the eyewitness coupled with the findings
given in the P.M.report is enough to suggest the death of the
deceased due to vehicular accident. Accordingly while rejecting
the contention of the Appellant, this Court confirms the findings
of the learned Tribunal that the death of deceased was caused due
to vehicular accident.
7. So far as the involvement of the offending Mini Truck is
concerned, no material has been brought on record to disown its
involvement and as such no challenge has also been advanced by
the Appellant.
8. Regarding the quantum of compensation arrived by the
learned Tribunal, the learned Tribunal has well discussed about
the fixed income of the deceased as a police constable including
his future prospectus as well as other ancillary heads. Therefore
the amount as ordered by the learned Tribunal does not warrant
any interference. Accordingly, the appeal is dismissed.
10. The Appellant-Insurance Company is directed to deposit the
entire award amount before the learned Tribunal within a period
of eight weeks from today, where-after the same shall be
disbursed in favour of the claimants-Respondents 1 to 4 in terms
of the order of the learned Tribunal. The statutory deposit made
by the Appellant be refunded to him on proper application and on
production of proof of deposit of the awarded amount before the
learned Tribunal.
7. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
