Orissa High Court
The Divisional Manager vs Prativa Kabi And Others on 27 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.621 of 2018
The Divisional Manager, Oriental
Insurance Company Ltd. .... Appellant
Mr. Subrat Satpathy, Advocate
-versus-
Prativa Kabi and Others .... Respondents
Mr. P.K. Mishra, Counsel for Respondents 1-5
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
27.7.2022
Order No.
06. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Satpathy, learned counsel for the Appellant -
insurer and Mr. P.K. Mishra, learned for claimant - Respondents 1-5.
3. Present appeal by the insurer is directed against impugned
judgment dated 24th March, 2018 of learned 1st MACT, Keonjhar
passed in MAC Case No.222 of 2012 wherein compensation to the
tune of Rs.15,10,000/- along with interest @ 7% per annum from the
date of filing of the claim application, i.e. 2nd November, 2012 has
been granted on account of death of the deceased in the motor
vehicular accident dated 8th July, 2012.
4. It is submitted on behalf of the Appellant that the present
offending vehicle has been implanted in the present case to manage
compensation though the same was not involved in the accident. It is
also submitted that this vehicle had history of involvement in two
other earlier accidents.
5. In order to examine such submission advanced by the
Appellant, perusal of the impugned judgment reveals nothing about
any such evidence adduced from the side of the insurer except the
crime report filed in the police case. It is settled that such crime report
prepared by police in the police case has no evidentiary value in the
claim proceeding. The facts pleaded by the parties in the claim
application has to be proved by way of independent evidence. So, in
absence of any such evidence adduced, no merit is seen in the
contention of the Appellant that the offending vehicle has been
implanted. As such, said contention of the Appellant is rejected.
6. It is next contended on the quantum of compensation that the
amount of monthly income has been taken at higher side by the
tribunal which should not exceed more than Rs.6,000/- per month.
7. Considering such grounds of challenge and after hearing Mr.
Mishra, learned counsel for the claimant - Respondents, a reduced
compensation of Rs.12,00,000/- along with interest @ 6% per anum is
proposed to the parties. This is agreed by Mr. Mishra, learned counsel
for the claimant - Respondents and Mr. Satpathy, learned counsel for
the insurer leaves it to the discretion of the Court. As such the amount
is fixed to the said extent.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit the reduced compensation of
Rs.12,00,000/- (twelve lakhs) before the tribunal along with interest
@ 6% per annum from the date of filing of the claim application, i.e.
2nd November, 2012 within a period of two months from today;
where-after the same shall be disbursed in favour of the claimant -
Respondents on such terms and proportion to be decided by learned
Tribunal.
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 award
amount before the tribunal.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
