Orissa High Court
Cholamandalam Ms General vs Haripriya Bhue And Others on 11 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.582 of 2019
Cholamandalam MS General .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Haripriya Bhue and others .... Respondents
Mr. J. Sahu, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.04.2022
Order No.
08. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-
Insurance Company as well as Mr. J. Sahu, learned counsel for
the Respondent Nos.1 to 3-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 13.05.2019 of learned 1st MACT, Bargarh in MAC
No.15/2016 wherein learned Tribunal has granted compensation
to the tune of Rs.35,03,284/- along with 7% interest per annum to
the claimants from the date of filing of the claim application,
i.e.05.01.2016 on account of death of the deceased in the motor
vehicular accident dated 19.10.2015.
3. It is submitted on behalf of the Appellant that the offending
Tractor bearing Registration No.OD-17-E-7072 having no permit
on the date of accident has violated the policy conditions.
4. Coming to examine such contention, it is seen from the
impugned judgment that the learned Tribunal has elaborately
discussed the same to come to the conclusion that no permit is
required for the offending vehicle since its unladen weight was
below 3000 kilograms and it was not attached with any trolley.
This finding of the learned Tribunal is found justified in absence
of any evidence contrary to the case of the claimants. Mr. Khan,
learned counsel for the Appellant fairly concedes that no evidence
has been adduced from the side of the insurer except the copy of
the policy. As such, no merit is seen in the contention of the
Appellant with regard to violation of policy conditions.
5. On the question of quantum of compensation, the challenges
advanced by the Appellant for reduction of the compensation by
reducing the multiplier has no merit for consideration. It is for the
reason that, the learned Tribunal has calculated the exact age of
the deceased as 40 years 5 months 20 days based on service
records of the deceased under Ext.11. Therefore, no point is seen
in favour of the Appellant to reduce the compensation amount,
which is well in terms of the settled principles. However, the rate
of interest is reduced to 6% and the penal interest of 9% is
waived.
6. In the result, the Appellant-Insurance Company is directed to
pay the entire award amount by depositing the same before the
learned Tribunal along with 6% interest from the date of filing of
the claim application, i.e.,05.01.2016 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 of the Tribunal.
7. 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.
8. With aforesaid observations, the appeal is disposed of.
( B.P. Routray)
Judge
B.K. Barik
