Orissa High Court
The Divisional Manager vs Smt. Sitamani Marandi @ Soren And on 7 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1 of 2020
The Divisional Manager, Oriental
Insurance Company Ltd. .... Appellant
Mr. Mohan Chandra Nayak, Advocate
-versus-
Smt. Sitamani Marandi @ Soren and
Others .... Respondents
Mr. Pratap Kumar Behera, counsel for Respondent Nos.1 to 3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
07.02.2022
Order No.
04. 1. Heard Mr. M.C. Nayak, learned counsel for the insurer -
Appellant and Mr. P.K. Behera, learned counsel for the claimant -
Respondent Nos.1-3.
2. The present appeal by the insurer is against the impugned
judgment dated 3rd October, 2019 of the learned 1st MACT,
Mayurbhanj, Baripada in MAC Case No.109 of 2017.
3. In the impugned judgment, learned tribunal upon adjudicating
the dispute has directed for payment of compensation to the tune of
Rs.13,61,248/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 5th December, 2017 on account of
death of the deceased in the motor vehicular accident dated 11th
March, 2017.
4. The case of the claimants is that while the deceased was
returning to house, a motorcyclist coming in high speed with rash and
negligent manner dashed against him resulting his death at the spot. It
is further contended that the deceased was earning his livelihood by
working as a mason.
5. Mr. Nayak, learned counsel for the insurer submits that in
absence of proof of income of the deceased as a mason the learned
Tribunal has calculated his monthly income at Rs.6,405/-, which is
unacceptable. It is further argued that the driver of the offending
motor cycle since had no license for driving the insurer cannot be
saddled with any liability.
6. Upon hearing the parties, both the grounds as advanced by the
Appellant are not found sustainable. It is for the reason that as seen
from the impugned judgment, learned tribunal has calculated the
monthly income taking the daily wage of the deceased as an unskilled
labour prevalent during that relevant year and further, the tribunal has
given right of recovery in favour of the insurer.
7. However, in course of hearing both parties agree to reduce the
compensation to Rs.12,50,000/- with interest @ 6% per annum.
8. Accordingly the appeal is disposed of on the aforesaid terms
with a direction to the insurer - Appellant to deposit a sum of
Rs.12,50,000/- along with interest @ 6% per annum with effect from
5th December, 2017, i.e. 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 in such terms and conditions to
be fixed by the learned Tribunal including the condition that 50% of
the entire amount shall be deposited in the name of Claimant No.2 -
Kumari Saraka Marandi (the minor daughter) till she attains majority.
The right of recovery granted in favour of the insurer by the learned
Tribunal is left undisturbed.
9. The statutory deposit made by the appellant 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.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
