Orissa High Court
Manager vs Sabita Das And Another on 11 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.193 of 2021
Manager, New India Assurance Co. .... Appellant
Limited
Mr. S. Satapathy, Advocate
-versus-
Sabita Das and another .... Respondents
Mr. P.C. Pattanaik, Advocate for Respondent Nos.1 to 5
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.01.2022
Order No.
03. 1. This matter is taken up through video conferencing.
2. Heard Mr. S. Satapathy, learned counsel for the Appellant-
Insurance Company as well as Mr. P.C. Pattanaik, learned
counsel for the Respondent Nos.1 to 5-claimants.
3. It is submitted by Mr. Pattanaik, learned counsel for the
Respondents that Respondent No.6 died on 2.7.2021 and all his
LRs being already on record, no further substitution is required.
4. The name of Respondent No.6 be deleted from the appeal
memo as prayed for by learned counsel for the Respondents.
5. The present appeal has been filed by the Insurance Company
against the award dated 09.03.2021 of the learned 1st MACT,
Jagatsinghpur in MAC Case No.19 of 2018 wherein the learned
Tribunal has granted compensation of Rs.44,12,966/- along with
7% interest per annum to the claimants from the date of filing of
the application i.e. 29.03.2018 on account of death of the
deceased in the motor vehicular accident dated 8.1.2018.
6. The case of the claimants is that the deceased while proceeding
in a motorcycle on 8.1.2018 from Gahsipura to Keonjhar, the
offending vehicle, i.e. Maruti Suzuki Car bearing Registration
No.OR-02-BW-6582 dashed against him being driven in rash and
negligent manner. The deceased sustained fatal injuries as a result
of the accident and was shifted to the CHC, Ghatagaon and then
to SCB Medical College & Hospital, Cuttack and again to Relax
Hospital, Cuttack. The deceased died on 12.01.2018 while
undergoing treatment in Relax Hospital, Cuttack. It is the further
case of claimants that the deceased was serving as technician in a
private company and getting salary of Rs.29,000/- per month on
the date of accident.
7. It is submitted by the insurer-Appellant that the fact of income
of Rs.29,000/- by the claimants is not proved on record with
sufficient evidence and in absence of any salary certificate to that
effect, learned Tribunal based on the IT returns has erroneously
arrived at the conclusion in fixing the monthly income of the
deceased at the amount of Rs.29,192/-.
8. Having heard learned counsel for the claimants and upon
perusal of the impugned judgment, it is seen from paragraph 15
that the basis of determination with regard to income of the
deceased is the income tax returns filed under Exts.11 & 12.
However, without getting into the dispute further with regard to
detail determination on computation of income of the deceased,
the amount of compensation is reduced to Rs.37,00,000/- (rupees
thirty-seven lakhs) as agreed by Mr. Pattanaik, the counsel for the
claimants. It is further agreed by the parties that the rate of
interest should be @ 6% per annum.
9. Accordingly, the Insurance Company is directed to deposit the
modified amount of Rs.37,00,000/- (rupees thirty-seven lakhs)
along with interest @6% per annum from the date of filing of the
claim application, i.e., 29.03.2018 before the learned Tribunal
within a period of eight weeks from today; where-after the same
shall be disbursed in favour of the claimants-Respondent Nos.1 to
5 in such proportion and terms to be directed by the learned
Tribunal.
10. 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.
11. The MACA is disposed of.
12. As the restrictions due to resurgence of COVID-19 situation
are continuing, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at par
with certified copy, subject to attestation by the concerned
advocate, in the manner prescribed vide Court's Notice No.4587,
dated 25th March, 2020 as modified by Court's Notice No.4798,
dated 15th April, 2021 and Court's Office Order circulated vide
Memo No.514, dated 7th January, 2022.
( B.P. Routray)
Judge
B.K. Barik
