Orissa High Court
Shriram General Insurance ... vs Seratun Bibi And Others on 12 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.403 of 2020
Shriram General Insurance Company .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Seratun Bibi and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 5
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
12.11.2021
Order No.
I.A. No.603/2020 & I.A. No.193 of 2021
03. 1. Since the deficit Court fee has already been paid, the I.As. have
become infructuous and are disposed of accordingly.
I.A. No.866 of 2020
2. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for the Respondent Nos.1 to 5-claimants.
3. Upon hearing both the parties and considering the grounds
mentioned in the petition, the delay in filing the appeal is
condoned.
4. I.A. is disposed of.
MACA No.403 of 2020
5. On the consent of both the parties, the matter is taken up for
hearing.
6. The present appeal filed by the Insurance Company is against
the award dated 29.11.2019 of the learned 7 th MACT,
Bhubaneswar in MCA No.225/2016. In the impugned award,
compensation of Rs.18,25,000/- along with 7% interest has been
granted on account of death of the deceased in a motor vehicular
accident dated 10.11.2016.
7. It is submitted on behalf of the Appellant-Insurance Company
that the learned Tribunal had assessed the monthly income of the
deceased at Rs.12,000/- and applied multiplier '13'. As per the
submission of learned counsel for the Appellant, in absence of
material proof, the income of the deceased being a driver of
transport vehicle, should be considered at Rs.8,000/- maximum
keeping in mind the provisions of Employees Compensation Act.
8. Upon perusal of the impugned judgment, it is seen that the
learned Tribunal has disbelieved the contention of the claimants
to accept the monthly income of the deceased at Rs.18,000/- on
the basis of Ext.7, the salary certificate. At the same time the
Tribunal assessed his income at Rs.12,000/- per month abruptly.
Such assessment of income of the deceased in absence of material
proof appears to be erroneous. Therefore, the contention of the
Appellant-Insurance Company is accepted to limit the monthly
income of the deceased at Rs.8,000/-, in absence of substantial
proof to the contrary.
9. Learned counsel appearing for the claimants-Respondent Nos.1
to 5 submits on his part that, the Tribunal has applied multiplier
13 instead of 14 in terms of the principle settled in Sarla Verma
(Smt.) and others vs. Delhi Transport Corporation and another,
(2009) 6 SCC 21 as the deceased was 44 years on the date of
accident.
10. Considering the submissions advanced by both the parties and
in the interests of justice, the appeal is disposed of by reducing
the compensation amount from Rs.18,25,000/- to Rs.13,50,000/-
(rupees thirteen lakhs fifty thousand). All other terms in the
impugned judgment remain unaltered. The Insurance Company is
directed to deposit the entire award amount along-with interest
before the learned Tribunal within a period of eight weeks from
today; where-after the same shall be the disbursed to the
claimants on the same proportion and terms as directed by the
learned Tribunal.
11. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with refund
application before this Court, the statutory deposit made before
this Court with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
12. The MACA is disposed of.
13. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
