Orissa High Court
Ahalya Jena And Others (In Maca ... vs Jaladhar Swain And Another (In ... on 25 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.360 of 2019
MACA Nos.360 & 441 of 2019
Ahalya Jena and Others (in MACA No.360/2019)
Legal Manager, M/s.Royal Sundaram
Alliance Insurance Company Ltd. (in MACA No.441/2019)
.... Appellants
Mr. P.K. Mishra, Advocate (in MACA No.360/2019)
Mr. A.A. Khan, Advocate (in MACA No.441/2019)
-versus-
Jaladhar Swain and Another (In MACA No.360/2019)
Ahalya Jena and Others (In MACA No.441/2019)
.... Respondents
Mr. A.A. Khan, counsel for Respondent No.2
(in MACA No.360/2019)
Mr. P.K. Mishra, counsel for Respondents 1-3
(in MACA No.441/2019)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.8.2022
Order No.
05. 1. The matters are taken up through hybrid mode.
2. Heard Mr. P.K. Mishra, learned counsel for the claimants and
Mr. A.A. Khan, learned counsel for the insurer.
3. Both the appeals being arise out of the same judgment, are
heard together and disposed of by this common order.
4. Both the appeals are directed against the impugned judgment
dated 16th April, 2019 of learned 3rd MACT, Cuttack passed in MAC
Case No.760 of 2013 wherein compensation to the tune of
Rs.8,26,000/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 27th November, 2013 has been
awarded on account of death of deceased Subash Jena in the motor
vehicular accident dated 3rd August, 2013.
5. MACA No.360 of 2019 has been filed by the claimants praying
for enhancement of the compensation amount on the ground that no
parental consortium has been granted in respect of the children of the
deceased. MACA No.441 of 2019 has been filed by the insurance
company questioning involvement of the offending vehicle in the
accident.
6. Upon hearing both parties and perusal of the impugned
judgment it reveals that the offending vehicle is the tractor-trolley
bearing registration number OD 02 A 7992 and OD 02 A 7993
respectively. The confusion arose because the FIR was lodged
mentioning that the tractor - trolley bearing registration number OR
25 C 4326 was involved in the accident. But in course of police
investigation it came to light that the original registration number of
said tractor - trolley is OD 02 A 7992 and OD 02 A 7993
respectively. It also came to light in course of investigation that the
engine number and chassis number of both stated tractor-trolley are
same but the owner has affixed a wrong number plate in order to
avoid the financer. The fact that both the registration numbers are in
respect of the same offending vehicle having same engine number and
chassis number is candid from the contents of Ext.4 as well as the
seizure list. Thus what is contended by the insurer that present
offending vehicle bearing registration number OD 02 A 7992 and OD
02 A 7993 is not involved in the accident is found without any
substance and accordingly rejected.
7. With regards to quantum of compensation, no serious objection
is raised from the side of the insurer. But it appears from perusal of
the impugned judgment that a sum of Rs.40,000/- as spousal
consortium has only been granted in favour of the wife of the
deceased though other two claimants are the minor children of the
deceased. Thus in view of the principles propounded in the case of
Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru
Ram and Others, (2018) 18 SCC 130, claimant Nos.2 and 3 are
entitled for parental consortium of Rs.40,000/- each. Accordingly, the
compensation amount is enhanced by Rs.80,000/-, which comes to
Rs.9,06,000/-, payable along with interest @ 6% per annum.
8. In the result, both the appeals are disposed of with a direction to
the insurer, i.e. Royal Sundaram Alliance Insurance Co. Ltd. to
deposit the enhanced compensation amount of Rs.9,06,000/- (nine
lakh six thousand) before the tribunal along with interest @ 6% per
annum from the date of filing of the claim application, i.e. 27th
November, 2013 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.
9. However, the penal interest of 12% is waived.
10. The statutory deposit made by the insurer - Appellant in MACA
No.441 of 2019 before this court along with accrued interest be
refunded to the Appellant - insurer on proper application and on
production of proof of deposit of the awarded amount before the
tribunal.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
