Orissa High Court
Sr.Divisional Manager vs Sebati Kalandi And Others on 13 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.760 of 2017
Sr.Divisional Manager, National .... Appellant
Insurance Co. Ltd.
Mr.S.Satpathy, Advocate
-versus-
Sebati Kalandi and others .... Respondents
Ms.Manasi Mohapatra, Advocate
for Respondent Nos.1 to 4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
13.10.2022
Order No.
7. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Satpathy, learned counsel for the Appellant-
Insurer and Ms.Mohapatra, learned counsel for claimants-
Respondent Nos.1 to 4.
3. Present appeal by the Insurer-Appellant is against the
judgment dated 27th March, 2017 of the learned Addl. District
Judge-cum-Judge 3rd MACT, Champua in MAC Case No.01 of
2015, wherein compensation to the tune of Rs.7,66,000/- has
been granted along with interest @6% per annum with effect
from the date of filing of the claim application on account of
death of the deceased in the motor vehicular accident on 15th
November, 2014.
4. The main contention of the Insurer is that the deceased
is not entitled for 30% future prospects being 52 years of age on
the date of accident and further, the Insurer is liable to recover the
amount from the owner as the driver was without having a valid
driving license.
5. It is submitted by Mr.Satpathy, learned counsel for the
Insurer that the driver of the offending motorcycle was though
having license to driver the light motor vehicle but did not have a
valid driving license in respect of two wheelers. In support of his
contention, he relies on Ext.B.
6. After hearing Ms.Mohapatra, learned counsel for
claimants-Respondents and considering the admitted position that
the driver was not authorized to drive a two wheeler, the Insurer-
Appellant is granted liberty to recover the compensation amount
from the owner in accordance with law after granting him
opportunity of hearing.
7. Next on the question of quantum of compensation,
taking the deceased 51 years old on the date of accident as held
by the Tribunal, a reduced compensation of Rs.6,34,000/- along
with interest @6% per annum is proposed to the parties in course
of hearing. This is agreed by Ms.Mohapatra, learned counsel for
the claimants-Respondent Nos.1 to 4. Mr.Satpathy, learned
counsel for the Insurer leaves it to the discretion of the Court. As
such, the amount is fixed to that extent. However, penal interest
of 8% as directed by the Tribunal is waived.
7. The Insurer-Appellant is directed to deposit the
reduced compensation of Rs.6,34,000/- (Six lakhs thirty four
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.
8. With aforesaid modification in the compensation
amount, the appeal is disposed of.
9. The statutory deposit made by the Appellant 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.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
