Orissa High Court
General Manager vs Smt. Sabitabala Sahbu And Others on 7 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.147 of 2018
General Manager, National Insurance .... Appellant
Company Ltd.
Mr. P.K. Mohanty, Advocate
-versus-
Smt. Sabitabala Sahbu and others .... Respondents
Mr. J. Sahoo, Advocate on behalf of Mr. A.K. Sahoo, Advocate
for Respondent Nos.1 & 2
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
07.12.2022
Order No.
05. 1. Heard Mr. P.K. Mohanty, learned counsel for the Appellant-
Insurance Company and Mr. J. Sahoo, learned counsel, on behalf
of Mr. A.K. Sahoo, learned counsel for the Respondent Nos.1 &
2-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 28.07.2017 of learned 1st M.A.C.T., Deogarh in M.A.C.
Case No.24 of 2015, wherein compensation to the tune of
Rs.28,62,032/- has been granted along with interest @6% per
annum to the claimants from the date of filing of the claim
application, i.e. 25.06.2015 on account of death of the deceased in
the motor vehicular accident dated 04.05.2015.
3. Mr. P.K. Mohanty, learned counsel for the Appellant-Insurance
Company mainly contends that the offending vehicle, i.e. Truck
bearing Registration No.WB-51-A-6730 was without valid permit
on the date of accident and it did not have the permit to ply in
State of Orissa.
4. The aforesaid contention of Mr. Mohanty is found without
merit. It is for the reason that no evidence has been adduced in
this regard by the insurer and such contention seems to be a
presumptive one. Secondly, the Police have never said anything
in regard to invalid permit of the offending vehicle in their
investigation report.
5. So far as the amount of compensation is concerned, Mr.
Mohanty challenges the same disputing the applicable multiplier.
It is seen that the date of birth of the deceased as per his service
record is 13.2.1970 and the accident took place on 4.5.2015.
Therefore, admittedly the deceased was more than 45 years on the
date of accident and as such, the appropriate multiplier would be
'13' in view of the settled principle propounded in the case of
Sarla Verma (Smt.) and others vs. Delhi Transport Corporation
and another, (2009) 6 SCC 121. Considering this aspect and
without disturbing any other finding of learned Tribunal, the loss
of dependency is calculated at Rs.25,64,744/-. Adding
Rs.40,000/- each to the widow and minor daughter towards
spousal consortium and parental consortium respectively, and
further adding Rs.30,000/- towards general damages, the
compensation amount becomes Rs.26,74,744/-.
6. In the result, the Appellant - Insurance Company is directed to
deposit the modified compensation of Rs.26,74,744/- (rupees
twenty-six lakhs seventy-four thousand seven hundred forty-four)
before the Tribunal along with interest @6% per annum from the
date of filing of the claim application, i.e. 25.06.2015 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 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
