Divisional Manager vs [email protected] Sahoo And Others
2022 Latest Caselaw 3674 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.486 of 2016

            Divisional Manager, Reliance General             Appellant
            Insurance Co. Ltd.
                                               Mr.G.P.Dutta, Advocate


                                         -versus-


            [email protected] Sahoo and others    ....     Respondents
                      Mr.K.K.Das, Advocate for Respondent Nos. 1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

03.8.2022 Order No.

5. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Appellant and

Mr.Das, learned counsel for the claimants-Respondent Nos.1 to 3.

3. Present appeal by the insurer is directed against the

judgment dated 16th October, 2015 of the learned District Judge -

cum - 1st M.A.C.T., Nayagarh in MAC Case No.9 of 2012,

wherein compensation to the tune of Rs.8,71,417/- has been

granted along with interest @7% per annum with effect from the

date of filing of the claim application on account of death of the

deceased in the motor vehicular accident on 9th September, 2011.

4. The main challenge by the Insurer, as submitted by

Mr.Dutta, is with regard to implantation of the offending vehicle

i.e., the Mini Truck bearing Registration No.OR-25B-0066 in the

accident. It is submitted that the accident took place on 9th

September, 2011 at Lenkudipada near Panda Clinic, Nayagarh

but the F.I.R. was registered on 11th March, 2011 and the

deceased died on 19th March, 2011. Taking aid of statements of

O.P.W.1 & 3, who are the Fireman and A.D.M.O. of District

Headquarters Hospital, Khurda respectively, Mr.Dutta submits

that in fact the accident happened on 9th February, 2011 at

BeguniaBazar near Khurda due to fall of the deceased from his

own motorcycle. But subsequently the present offending vehicle

has been implanted in the accident.

5. Upon hearing Mr. Das, learned counsel for claimants-

Respondents and perusal of the impugned judgment reveals that

the Tribunal has discussed such contention of the Insurer in

detail. With a detailed discussion of evidence of all the witnesses

and exhibits including the evidence of O.P.W.1 & 3, the Tribunal

has concluded to the effect that the accident as claimed by the

Insurer at BeguniaBazar is not established, but on the other hand,

the evidence led by the claimants that the accident took place at

Nayagarh involving the offending vehicle is established by

preponderance of probability.

6. The main contention of Mr.Dutta to disbelieve such

finding of the Tribunal is that if the accident took place at

Nayagarh, then there would hardly have any chance of taking the

deceased immediately to the District Headquarters Hospital,

Khurda instead of District Headquarters Hospital, Nayagarh. It

needs to be mentioned here that such contention is a mere

probability based on speculation. The Tribunal has also refused to

accept such contention and upon an elaborate analysis of the

evidence of the witnesses has come to the conclusion that that the

case of the claimants regarding the accident at Nayagarh is

established under the principles of preponderance of probability.

This Court, upon perusal of the evidence of all such witnesses,

the copies of which are produced by Mr.Dutta in course of

hearing, agrees with the finding of the Tribunal and confirms the

view taken by the Tribunal.

7. It is next contended by Mr.Dutta that an amount of

Rs.2,90,217/- granted by the Tribunal towards medical expenses

of the deceased till his death on 19th March, 2011 is exorbitant

and are not proved through credible documents. As per

submission of Mr. Dutta, the trial bills filed on behalf of the

claimants showing expenses therein should not be believed.

However, Mr. Das, learned counsel for the claimants suggests

that such medical expenses may be reduced to Rs.2,00,000/-.

8. Considering the period of treatment of the deceased

i.e., around thirty eight days and the concession rendered by Mr.

Das, the amount of medical expenses is fixed at Rs.2,00,000/-

against the amount of Rs.2,90,217/- determined by the Tribunal.

9. Mr. Dutta fairly submits that other aspects regarding

computation of monthly income and multiplier etc. are adequate.

10. Resultantly, total compensation amount granted by the

Tribunal is reduced to Rs.7,81,200/-, rounded to Rs.7,82,000/-

(Seven lakhs eighty two thousand), payable by the Insurer along

with interest @6% per annum. The Insurer-Appellant is

accordingly directed to deposit said reduced compensation of

Rs.7,82,000/-(Seven lakhs eighty two thousand) before the

Tribunal along with interest @6% per annum from the date of

filing of the claim application 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.

11. With aforesaid modification in the compensation

amount, the appeal is disposed of.

12. The statutory deposit made by the Appellant with

accrued interest thereon be refunded to him on proper application

and on production of proof of deposit of the award amount before

the learned Tribunal.

13. Urgent certified copy of this order be granted on proper

application.

( B.P. Routray) Judge

C.R.Biswal