Orissa High Court
Divisional Manager vs Sucharita Mahapatra And Others on 20 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.109 of 2020
Divisional Manager, Oriental .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Sucharita Mahapatra and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 & 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
20.04.2022
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 Respondent Nos.1 & 2-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 8.11.2019 of learned 1st MACT, Kalahandi, Bhawanipatna
in MAC No.94/2018 wherein learned Tribunal has granted
compensation to the tune of Rs.42,25,705/- along with 7%
interest per annum to the claimants from the date of filing of the
claim application, i.e.10.10.2018 on account of death of the
deceased in the motor vehicular accident dated 12.02.2018.
3. The main contention of challenge by the Appellant that the
offending vehicle, i.e. Mahindra Bolero bearing Registration
No.OD-08-C-9455 had no fitness on the date of accident.
4. Since the learned Tribunal has already granted right of
recovery in favour of the Appellant for the same, no further
interference on the same is called for.
5. It is next contended that the split multiplier method should be
applied as the deceased has left with three more years of service
only. This court earlier in the case of The Manager, M/s.Bajaj
Allianz General Insurance Co. Ltd. vs. Santilata Satapathy and
others, (MACA No.171 of 2021 disposed of on 29.3.2022) has
opined against application of split multiplier. On the same
principle, the contention of the present Appellant here is also
rejected.
6. Considering the remaining grounds of challenge with regard to
quantum of compensation, a reduced compensation to the tune of
Rs.40,00,000/- 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 & 2 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.40,00,000/- (rupees forty lakhs)
before the Tribunal along with interest @6% per annum from the
date of filing of the claim application, i.e.10.10.2018 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. The right of recovery as granted by
the learned Tribunal is confirmed.
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
