Orissa High Court
Divisional Manager vs Malati Dash And Others on 19 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.389 of 2020
Divisional Manager, Cholamandalam .... Appellant
M/s.General Insurance Company
Limited
Mr. A.A. Khan, Advocate
-versus-
Malati Dash and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 7
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
19.04.2022
Order No.
06. 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 7-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 16.12.2019 of learned 3rd MACT, Jagatsinghpur in MAC
No.161/2016 wherein learned Tribunal has granted compensation
to the tune of Rs.65,65,349/- along with 7% interest per annum to
the claimants from the date of filing of the claim application,
i.e.28.10.2016 on account of death of the deceased in the motor
vehicular accident dated 21.06.2016.
3. The main contention raised on behalf of the Appellant is that
the age of the deceased has been wrongly calculated as 40 years
instead of 46 years. The date of birth of the deceased as reflected
in Employer's Identity Card is 08.05.1970.
4. Mr. P.K. Mishra, learned counsel for Respondent Nos.1 to 7
(claimants) fairly agrees to the said date of birth of the deceased
mentioned in the Employer's Identity Card.
5. Upon hearing both the parties and considering the grounds
advanced, if the age of the deceased is taken as 46 years on the
date of accident, the multiplier '13' is found applicable instead of
'15'. Considering the same and further deducting the tax
components from the income of the deceased, a reduced
compensation of Rs.56,00,000/- 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 7 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.
6. In the result, the Appellant - Insurance Company is directed to
deposit the reduced compensation of Rs.56,00,000/- (rupees fifty-
six lakhs) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application,
i.e.28.10.2016 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.
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-Insurance Company.
8. The MACA is disposed of with aforesaid directions.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
