Orissa High Court
The Manager vs Smt. A. Ravanamma And Another on 30 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.136 of 2016
The Manager, M/s.Oriental Insurance .... Appellant
Co. Ltd.
Mrs. M. Jesthy, Advocate
-versus-
Smt. A. Ravanamma and another .... Respondents
Mr. P.K. Behera, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
30.11.2021
Order No.
04. 1. Heard Mrs. M. Jesthy, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Behera, learned counsel
for the Respondent No.1-claimant.
2. The insurer in the present appeal has challenged the impugned
judgment dated 17.12.2015 of the learned MACT, Rayagada in
MAC No.25 of 2014.
3. Learned Tribunal has directed for payment of compensation of
Rs.7,80,000/- along with interest @9% per annum from the date
of application on account of death of the deceased in a vehicular
accident on 19.2.2012.
4. It is submitted on behalf of the Appellant that the deceased
while working as a conductor of the offending vehicle i.e. Bus
bearing Registration No.OR-18-1251, was on the roof of the
moving bus at the time of accident and fell down coming in
contact with a wire to sustain head injury and succumbed.
Therefore, the insurer cannot be held liable to incur the
compensation on behalf of the owner.
5. Perusal of the impugned judgment reveals that the learned
Tribunal holding that the deceased partially responsible for the
accident, has attributed contributory negligence to the extent of
30% on the deceased. At the same time, the monthly income of
the deceased has been calculated at Rs.7,500/- and 2/3rd amount
thereof was taken towards loss of dependency.
6. Admittedly the position of the deceased as the conductor of
the bus and his contribution towards the accident for going atop
the roof of the moving bus to collect rent from other passengers
sitting there is not disputed. This fact being not disputed, the
contributory negligence of the deceased for the accident is
calculated at 50%.
7. It is also noticed that, in absence of material towards income
of the deceased, the same has been abruptly taken at Rs.7,500/-
per month by the learned Tribunal. In my humble opinion,
considering the nature of work as a conductor of the Bus and the
rate of wages prescribed during the relevant period, the monthly
income of the deceased should not be more than Rs.6,000/- and
accordingly, the same is modified and determined at Rs.6,000/-.
8. Considering all such factors, the amount of compensation is
reduced to consolidated amount of Rs.7,50,000/- (rupees seven
lakhs fifty thousand). The Insurance Company is directed to
deposit the modified amount of Rs.7,50,000/- consolidated before
the learned Tribunal within a period of eight weeks from today;
where-after the same shall be disbursed to the claimant on the
same proportion and terms as directed by 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. The MACA is disposed of.
11. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
