Orissa High Court
The D.M. vs Narendra Rout And Others on 22 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.201 of 2021
The D.M., M/s.National Insurance Co. .... Appellant
Ltd.
Mr. P.K. Mahali, Advocate
-versus-
Narendra Rout and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
22.03.2022
Order No.
04. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for the Respondent Nos.1 to 3-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 03.09.2020 of learned 1st MACT, Cuttack in MAC Case
No.252 of 2017 wherein learned Tribunal has granted
compensation to the tune of Rs.9,10,000/- along with 6% interest
per annum to the claimants from the date of filing of the claim
application, i.e.19.4.2017 on account of death of the deceased in
the motor vehicular accident dated 23.2.2017.
3. Mr. P.K. Mahali, learned counsel for the Appellant submits
that as per the age recorded in the Voter ID Card, the age of the
deceased would be 45 years on the date of accident. Accordingly,
the multiplier should be reduced to '14' instead of '15' and the
future prospects should be to the extent of '25%' instead of
'40%'. He further submits that the driver of the offending vehicle
had no valid DL on the date of accident.
4. In reply to the same, Mr. Mishra, learned counsel for the
claimants-Respondent Nos.1 to 3 fairly agrees to the suggested
age of the deceased as per submission of the Appellant and
consequential reduction of multiplier. He further submits that the
number of DL so recorded in the seizure list by the Police is not
correct and the correct number is OR-05-1-9960143526, which is
a valid DL. This is not disputed by Mr. P.K. Mahali, learned
counsel for the Appellant.
5. Having heard both the parties and considering the grounds of
challenge advanced, a reduced compensation to the tune of
Rs.7,70,000/- along with 6% interest is proposed to the parties in
course of hearing. Mr. P.K. Mishra, learned counsel for the
claimants-Respondent Nos.1 to 3 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. The Appellant - Insurance Company is directed to deposit the
reduced compensation of Rs.7,70,000/- (rupees seven lakhs
seventy thousand) before the tribunal along with interest @6%
per annum from the date of filing of the claim application,
i.e.19.4.2017 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants on
such terms and proportion to be decided 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
