Orissa High Court
Branch Manager vs Anita Banchhor And Others on 15 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.333 of 2020
Branch Manager, Bajaj Allianz
General Insurance Company Ltd. .... Appellant
Mr. A.A. Khan, Advocate
-versus-
Anita Banchhor and Others .... Respondents
Mr. P.K. Nayak, counsel for Respondents 1-4
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
15.11.2022
Order No.
09. 1. The matter is taken up through hybrid mode.
2. Heard Mr. A.A. Khan, learned counsel for the insurer -
Appellant and Mr. P.K. Nayak, learned counsel for the claimant -
Respondents 1 to 4.
3. Present appeal by the insurer is against the impugned judgment
dated 29th January, 2020 of the learned 3rd MACT, Rourkela passed in
MAC Case No.59 of 2016, wherein compensation to the tune of
Rs.13,55,200/- along with interest @ 6% per annum from the date of
filing of the claim application, i.e. 2nd February, 2016 has been
granted on account of death of deceased Sanjay Banchhor in the
motor vehicular accident dated 14th January, 2016.
4. Mr. Khan submits on behalf of the insurer that the deceased was
a gratuitous passenger travelling in the offending vehicle at the time
of accident and thus, the insurer is not liable to indemnify the
compensation amount.
5. Such contention made on behalf of the insurer - Appellant is
not found sustainable since according to the evidence it has been
established that the deceased was a labourer in the offending tractor -
trolley at the time of accident. The tribunal in its discussion has
approached in the right way to saddle the liability on the insurer by
discarding their contention to treat the deceased as a gratuitous
passenger. No flaw is seen in the approach of the tribunal keeping in
view the specific evidence adduced by the owner as well as claimants.
Accordingly the contention of the Appellant to treat the deceased as a
gratuitous passenger is rejected.
6. With regard to quantum of compensation, considering all such
grounds advanced, a reduced compensation of Rs.11,80,000/- with 6%
interest is proposed to the parties. This is agreed by Mr. Nayak,
learned counsel for the claimant - Respondents and Mr. Khan, learned
counsel for the Appellant leaves it to the discretion of the court.
Accordingly the compensation amount is fixed to the said extent.
7. In the result the appeal is disposed of with a direction to the
Appellant - insurer to deposit a reduced compensation of
Rs.11,80,000/- (eleven lakhs eighty thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 2nd February 2016, 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 the learned tribunal.
8. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
