The Divisional Manager vs Laxmipriya Biswal And Others
2021 Latest Caselaw 12196 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.53 of 2021


            The Divisional Manager, DO-II,           ....         Appellant
            M/s.United India Insurance Co. Ltd.
                                            Mr. B. Dasmohapatra, Advocate
                                       -versus-
            Laxmipriya Biswal and others             ....      Respondents
             Mr. P.K. Mishra, Advocate for claimants-Respondent Nos.1 to 5


                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                      ORDER

26.11.2021 Order No.

07. 1. Heard Mr. B. Dasmohapatra, learned counsel for the Appellant-Insurance Company as well as Mr. P.K. Mishra, learned counsel for the claimants-Respondent Nos.1 to 5.

2. The present appeal is directed against the judgment dated 28.9.2020 of the learned 1st MACT, Cuttack in MAC Case No.325 of 2018. In the impugned judgment, an amount of Rs.43,41,534/- has been awarded as compensation to the claimants-Respondent Nos.1 to 5 along with interest @ 6% per annum from the date of filing of the claim application, i.e. 02.05.2018.

3. It is submitted on behalf of the Appellant that the doubt regarding death of the deceased in the accident involving the offending vehicle i.e. the Truck bearing Registration No.OR-04-

M-8366 has been ignored by the learned Tribunal. In support of his contention, it is submitted that as per the final report dated 22.4.2018 submitted in Mangalabagh P.S. UD Case No.620 dated 6.4.2018, the involvement of the offending vehicle in the accident and the position of the deceased as to he was moving or standing has been questioned and it is seen with suspicion. Therefore the involvement of the offending vehicle as per the claim of the Respondents is not established with substance.

4. In reply to the contention of the counsel for the Appellant, it is submitted on behalf of the claimants-Respondent Nos.1 to 5 that the final report in the UD Case by Mangalabagh Police is unwarranted in view of registration of cognizable case in Tangi Police Case No.65 dated 7.4.2018 wherein the final charge-sheet dated 24.11.2018 has been submitted. Such charge-sheet submitted by Tangi Police was not questioned by anyone and has been accepted by the concerned criminal court.

5. Having heard both the parties and considering the submissions advanced at the Bar, the fact of submission of charge-sheet in Tangi Police Case No.65 dated 7.4.2018 is not found disputed. As seen, the final report in the UD Case is dated 22.4.2018 whereas the cognizable case under Sections 279/304-A was registered on 7.4.2018 by Tangi Police. So further continuance of inquiry in the UD case by the Mangalabagh Police after registration of the case in Tangi Police Station is not legally permissible and it is not known on what basis the final report dated 22.4.2018 in UD Case was submitted. Therefore, any finding given in the final report

under the UD case cannot take away the effects of finding given in the charge-sheet of Tangi Police Station. Moreover, the charge- sheet given by the Tangi Police is not disputed by anyone. Accordingly, the contention of the Appellant to disbelieve the case of the claimants basing on the UD case report is found unsustainable and rejected.

6. Except the grounds mentioned above, no other challenge has been advanced either with regard to quantum of compensation or otherwise. On perusal of the impugned judgment, it reveals that the annual income of the deceased has been calculated at Rs.3,13,260/- basing on the income tax return filed by him for last three years. It is further seen that 1/4th of the income was deducted towards personal expenses and other heads including future prospects has been adequately added. No infirmity is seen to deny the just compensation of Rs.43,41,534/-. However, the direction towards payment of penal interest @12% is waived.

7. In view of the above, the appeal is dismissed.

8. The Insurance Company is directed to deposit the entire award amount along with interest as directed by the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimants-Respondent Nos.1 to 5 on the same proportion and terms according to the direction of the learned Tribunal.

9. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

10. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik