Orissa High Court
The Divisional Manager vs Smt. Kanakalata Rout And Others on 9 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.337 of 2020
The Divisional Manager, National .... Appellant
Insurance Co. Ltd.
Mr. P.K. Mahali, Advocate
-versus-
Smt. Kanakalata Rout and others .... Respondents
Mr. A.K. Sahoo, Advocate for Respondent Nos.1, 2 & 4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
09.12.2022
Order No.
09. 1. Heard Mr. P.K.Mahali, learned counsel for the Appellant-
Insurance Company as well as Mr. A.K. Sahoo, learned counsel
for the Respondent Nos.1, 2 & 4-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 16.09.2019 of learned M.A.C.T.-I, Balasore in M.A.C. Case
No.131 of 2017, wherein compensation to the tune of
Rs.6,35,000/- has been granted along with interest @7.5% per
annum to the claimants from the date of filing of the claim
application, i.e. 30.03.2017 on account of death of the deceased in
the motor vehicular accident dated 20.12.2014.
3. Mr. P.K. Mahali, learned counsel contends for the Appellant-
Insurance Company that the offending vehicle, i.e. OR-01-L-1947
is not involved in the accident, but has been implanted
subsequently. He continues to submit that neither in the FIR nor
in the investigation report of Police, any mention is there about
present offending vehicle regarding its involvement in the
accident.
4. Upon perusal of the impugned judgment, it is seen that Simulia
P.S. Case No.324 of 2014 was registered concerning the accident,
wherein the Police submitted its investigation report stating no
clue. The contents of the FIR reveal involvement of an unknown
four wheeler and subsequently, the claimants filed ICC Case
No.33 of 2017 mentioning involvement of the present offending
vehicle in the accident. Accordingly, the learned Magistrate took
cognizance in the criminal prosecution against the driver of the
offending vehicle. Apart from all, the owner in his WS has
admitted involvement of the offending vehicle in the accident and
the concerned driver. Therefore, no more merit is seen in the
submission of Mr. Mahali to doubt involvement of the offending
vehicle in the accident.
5. Next coming to the question of quantum of compensation,
considering all such grounds including the submission that the
deceased was undisputedly a labourer on the date of accident, i.e.
20.12.2014 and the prevalent rate of minimum wage, a reduced
compensation of Rs.4,50,000/- along with 6% interest is proposed
to the parties in course of hearing. Mr. A.K. Sahoo, learned
counsel for the claimants agrees to the same and Mr. P.K. Mahali,
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.4,50,000/- (rupees four
lakhs fifty thousand) before the Tribunal along with interest @6%
per annum from the date of filing of the claim application, i.e.
30.03.2017 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants-
Respondent Nos.1, 2 & 4 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
