Orissa High Court
Divisional Manager vs Indira Nahak And Others on 11 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.609 of 2019
Divisional Manager, Oriental
Insurance Company Ltd. .... Appellant
Mr. Subrat Satpathy, Advocate
-versus-
Indira Nahak and Others .... Respondents
Mr. Dayananda Mohapatra, counsel for Respondents 1-6
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
11.3.2022
Order No.
05. 1. Heard Mr. S. Satpathy, learned counsel for the insurer -
Appellant and Mr. D.Mohapatra, learned counsel for claimant -
Respondents.
2. Present appeal by the insurer is against the impugned judgment
dated 6th July, 2019 of the learned 4th MACT, Ganjam, Berhampur
passed in MAC Case No.309 of 2015 wherein compensation to the
tune of Rs.29,56,000/- along with interest @ 7% per annum from the
date of filing of the claim application has been granted on account of
death of the deceased in the motor vehicular accident dated 27th
August, 2015.
3. It is contended on behalf of the Appellant that the alleged
vehicle was not involved in the accident and subsequently implanted
to manage compensation. The same is supported from the fact that the
vehicle was seized by police after more than a month.
4. Having heard both parties and upon perusal of the impugned
judgment it reveals that P.W.2 is the eye witness to the accident who
has categorically stated about involvement of the vehicle, i.e. the car
bearing registration number OR 02 AU 4030 in the accident. Said
evidence of P.W.2 has not been rebutted in his cross-examination nor
the insurer has adduced any evidence on that score. Therefore, the
contention of the Appellant is rejected being without substance.
5. Upon going through the impugned judgment it is seen that the
same is in conformity with the principles propounded for just
compensation and the learned Tribunal has computed the
compensation under various heads including future prospects. The
same does not warrant any interference. However, the rate of interest
is reduced to 6% from 7%.
6. In the result, the appeal is disposed of with a direction to the
Appellant - insurer to deposit total compensation amount of
Rs.29,56,000/- (Twenty-nine lakh fifty-six thousand) before the
tribunal along with interest @ 6% per annum from the date of filing of
the claim application, i.e. 3rd November, 2015 within a period of two
months from today; where-after the same shall be disbursed in favour
of the claimant - Respondent Nos.1 to 6 on such terms and proportion
as per the direction of learned Tribunal contained in the impugned
judgment.
7. It is submitted by Mr. Mohapatra that Claimant No. 6 requires
cash for his urgent medical treatment. Accordingly it is directed that,
if any prayer is made for release the amount in respect of Claimant
No.6, the same shall be considered by the learned Tribunal.
8. 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.
9. The appeal is disposed of.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
