Orissa High Court
Bajaj Allianz General Insurance ... vs Annapurna Dash And Others on 25 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.782 of 2018
Bajaj Allianz General Insurance Co. .... Appellant
Ltd.
Mr. G.P. Dutta, Advocate
-versus-
Annapurna Dash and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 6
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
25.08.2022
Order No.
07. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for the Respondent Nos.1 to 6-claimants.
2. It is submitted at the bar that Respondent No. 6, namely,
Basanta Dash died during pendency of the appeal on 15.09.2019
leaving behind the LRs, who are already on record. A memo is
filed to the effect praying to delete his name. Accordingly the
name of Respondent No.6 is deleted from the cause title.
2. Present appeal by the insurer is directed against the judgment
dated 28.02.2018 of learned 1st M.A.C.T., Cuttack in M.A.C.
No.720 of 2010 wherein compensation to the tune of
Rs.17,48,193/- has been granted along with interest @6% per
annum to the claimants from the date of filing of the claim
application i.e.29.09.2010 on account of death of the deceased in
the motor vehicular accident dated 18.09.2009.
3. The main ground taken by the Appellant to dispute the
involvement of the offending vehicle in the accident is that the
FIR was lodged after five days of the accident and in discharge
certificate of the hospital, it is mentioned that the accident was
caused due to involvement of an autorickshaw.
4. Upon hearing Mr. P.K. Mishra, learned counsel for the
claimants-Respondent Nos.1 to 6 and going through the
impugned judgment, it reveals that the Police have submitted
charge-sheet against the driver of the offending Bolero vehicle
bearing Registration No.OR-21-B-6050 and the FIR speaks about
involvement of the said offending Bolero vehicle. The owner has
contested the case, but did not dispute involvement of his Bolero
vehicle in the accident. Under such circumstances, the
preponderance of probability lies in favour of the contention of
the claimants regarding involvement of the offending Bolero and
as such the contention of the insurer to dispute the same is
rejected.
5. With regard to quantum of compensation, considering the
challenges advances on that aspect, a reduced compensation of
Rs.16,50,000/- 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 6 agrees to the same and Mr. G.P.
Dutta, 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.16,50,000/- (rupees
sixteen lakhs fifty thousand) before the Tribunal along with
interest @6% per annum from the date of filing of the claim
application, i.e.29.09.2010 within a period of two months from
today; where-after the same shall be disbursed in favour of
Respondent Nos.1 to 5 on such terms and proportion to be fixed
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
