Orissa High Court
National Insurance Co. Ltd vs Basant Kumar Sahoo And Others on 9 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.8 of 2022
And
MACA No.437 of 2021
MACA No.8 of 2022
National Insurance Co. Ltd. .... Appellant
Mr.N.B.Das, Advocate
-versus-
Basant Kumar Sahoo and others .... Respondents
Mr.P.K.Mishra, Advocate for Respondent Nos.1 and 2
AND
MACA No.437 of 2021
Basanta Kumar Sahoo and another .... Appellants
Mr.P.K.Mishra, Advocate
-versus-
Dillip Kumar Mohapatra and another .... Respondents
Mr.N.B.Das, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
09.5.2022
Order No.
3. 1. Heard Mr.Das, learned counsel for the Insurer and
Mr.Mishra, learned counsel for the claimants.
2. I.A.No.1006 of 2021 filed in MACA No.437 of 2021 is
allowed and the claimants are exempted from payment of Court
fee for the time being to be deposited at the time of disbursal of
the award amount.
3. I.A.No.1007 of 2021 filed in MACA No.437 of 2021 is
disposed of in view of the office note that there is no delay.
4. Both the appeals being directed against the same
judgment are taken up together and disposed of by this common
order.
5. MACA No.8 of 2022 has been preferred by the Insurer
and MACA No.437 of 2021 has been preferred by the claimants.
6. The challenge in both the appeals is against the
impugned judgment dated 18th February, 2021 passed by the
learned District Judge-cum-1st M.A.C.T., Dhenkanal in
M.A.C.Case No.253 of 2017, wherein compensation to the tune
of Rs.7,08,000/- along with interest @7% per annum has been
granted from the date of filing of the claim application on account
of death of the deceased in the motor vehicular accident dated
28th December, 2015.
7. It is submitted on behalf of the Insurer that when the
date of accident is 28th December, 2015 and the date of death is
22nd January, 2016, the F.I.R. was lodged on 3rd February, 2016
and such there is every possibility of implanting the offending
vehicle in the alleged accident though not involved.
8. Learned counsel for the claimants submits that learned
Tribunal while granting compensation has forgotten to count
future prospects in terms of the principles rendered in the case of
National Insurance Company Ltd. vrs. Pranay Sethi and others,
(2017)16 SCC 680.
9. Upon hearing both parties and considering the grounds
of challenge advanced and keeping in view the fact that,
admittedly police has submitted the charge-sheet against the
driver of the offending vehicle for criminal prosecution which
supports the oral evidence of P.Ws.1 and 2 and that, no future
prospects has been granted in the impugned judgment though the
deceased was aged about 24 years on the date of accident, a
modified compensation amount of Rs.9,50,000/- with 6% interest
per annum is proposed to the parties. This is agreed by Mr.
Mishra, learned counsel for the claimants-Respondents 1 and 2.
Mr. Das, learned counsel for the Insurer leaves it to the discretion
of the Court. As such, the amount is fixed to that extent.
10. The Insurer is directed to deposit the reduced
compensation of Rs.9,50,000/- (Nine lakhs fifty thousand) before
the Tribunal along with interest @6% per annum from 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 on such terms and proportion to be fixed by the
Tribunal.
11. With aforesaid modification in the compensation
amount, both the appeals are disposed of.
12. The statutory deposit made by the Appellant in MACA
No.8 of 2022 with accrued interest thereon be refunded to him on
proper application and on production of proof of deposit of the
award amount before the learned Tribunal.
13. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
