Orissa High Court
Divisional Manager vs Swapan Mohapatra And Another on 25 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.513 of 2020
MACA No.513 & 519 of 2020
Divisional Manager, Oriental Appellant
Insurance Company Ltd., Balasore .... in both the cases
Mr. G.P. Dutta, Advocate in both the appeals
-versus-
Swapan Mohapatra and Another .... Respondents in
both the appeals
Mr. B.N. Rath, counsel for Respondent No.1
(in both the appeals)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.11.2022
Order No.
03. 1. The matters are taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for the insurer and Mr.
B.N. Rath, learned counsel for the claimant.
3. Both the appeals being arise out of the common impugned
judgment, are heard together and disposed of by this common order.
4. Both the appeals by the insurer are directed against common
judgment dated 19th February, 2020 of learned 5th MACT,
Mayurbhanj passed in MAC Case No.33 and 34 of 2016 on account of
death of two deceased persons, namely Arati Mohapatra and Gouttam
Mohapatra respectively in the motor vehicular accident dated 15th
January, 2016.
5. The common claimant - Respondent No.2 in both the appeals is
the son of deceased Arati Mohapatra and brother of deceased Gouttam
Mohapatra. In MAC No.33 of 2016, compensation to the tune of
Rs.8,72,160/- has been granted and in MAC No.34 of 2016,
compensation to the tune of Rs.17,00,370/- has been granted, along
with interest @ 7% per annum from the date of filing of both the
claim applications, i.e. 15th February, 2016.
6. Mr. Dutta while advancing his submissions contends that, the
accident took place due to sole negligence of the deceased Gouttam
Mohapatra, who was driving the motor cycle on the wrong side of
road at the time of accident.
7. It is seen that the police upon completion of investigation, has
submitted charge-sheet against the accused driver of the offending
truck bearing registration number OD 17A 6953 and both the driver
and pillion rider of the motorcycle died in the accident. The insurer
did not adduce any oral evidence nor took any specific pleading to
attribute such negligence on the deceased driver of the motorcycle. It
has relied on the same police papers filed by the claimants, except
addition of the Crime Detail Form. Therefore, in absence of any
evidence adduced from the side of the insurer - Appellant, their
contention to attribute negligence on the part of the deceased driver of
the motorcycle is rejected being unfounded.
8. With regard to the quantum of compensation, considering all
such challenges raised by the insurer - Appellant, a reduced
compensation of Rs.8,00,000/- with 6% interest in MACA No.513 of
2020 (MAC No.33 of 2016) and Rs.15,50,000/- along with 6%
interest in MACA No.519 of 2020 (MAC No.34 of 2016) is proposed
to the parties. This is agreed by Mr. Rath, learned counsel for the
claimant in both the appeals and Mr. Dutta, learned counsel for the
insurer in both the appeals leaves it to the discretion of the court. As
such the compensation amount is fixed to the said extent.
9. In the result, both the appeals are disposed of with a direction to
the insurer, i.e. Oriental insurance Co. Ltd. to deposit respective
reduced compensation of Rs.8,00,000/- (eight lakhs) in MACA
No.513 of 2020 and Rs.15,50,000/- (fifteen lakhs fifty thousand) in
MACA No.519 of 2020, before the tribunal along with interest @ 6%
per annum from the date of filing of the claim applications, i.e. 15th
February, 2016, within a period of two months from today; where-
after the same shall be disbursed in favour of claimant - Respondent,
namely Swapan Mohapatra on such terms and proportion to be
decided by the learned tribunal.
10. The statutory deposit made by the insurer before this court in
both the appeals along with accrued interest be refunded on proper
application and on production of proof of deposit before the tribunal.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
