Orissa High Court
The Legal Manager vs Sasmita Mallik And Others on 6 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.459 of 2021
The Legal Manager, M/s.IFFCO- .... Appellant
TOKIO General Insurance Company
Ltd.
Mr. A.A.Khan, Advocate
-versus-
Sasmita Mallik and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
06.04.2022
Order No.
05. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for the Respondent Nos.1 to 3-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 24.08.2021 of learned 1st MACT, Cuttack in MAC Case
No.714/2016 wherein learned Tribunal has granted compensation
to the tune of Rs.44,79,600/- along with 6% interest per annum to
the claimants from the date of filing of the claim application,
i.e.22.10.2016 on account of death of the deceased in the motor
vehicular accident dated 17.09.2016.
3. It is contended on behalf of the Appellant that though the
offending vehicle, i.e.Truck bearing Registration No.OR-05-T-
1866 was not involved in the accident, but has been implanted
subsequently to manage the compensation.
4. This contention has been elaborately dealt with by the learned
Tribunal in the impugned judgment. The contention of the
Appellant was rejected on the ground that no evidence was led in
support of the same and police investigation reveals involvement
of the said offending vehicle in the accident and no point is there
on disbelieving the same.
5. The said finding of the learned Tribunal cannot be faulted with
for the admitted fact that no evidence was led on behalf of the
insurer. The oral evidence adduced on behalf of the claimants is
found supported from the contents of the police papers marked
under Exts.1 to 9 and as such no merit is there in the contention
of the Appellant.
6. Considering the question on quantum and grounds of challenge
advanced thereof, a reduced compensation to the tune of
Rs.35,50,000/- along with 6% interest is proposed to the parties in
course of hearing. Mr. P.K. Mishra, learned counsel for the
claimants-Respondent Nos.1 to 3 agrees to the same and Mr. A.A.
Khan, learned counsel for the Appellant-Insurance Company
leaves it to the discretion of the Court. The compensation amount
is accordingly fixed to that extent.
7. The Appellant - Insurance Company is directed to deposit the
reduced compensation of Rs.35,50,000/- (rupees thirty-five lakhs
fifty thousand) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application,
i.e.22.10.2016 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants on
such terms and proportion to be decided by the Tribunal.
However the penal interest @12% is waived.
8. 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.
9. The MACA is disposed of with aforesaid directions.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
