Orissa High Court
Icici Lombard Motor Insurance vs Basanti Das And Others on 26 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.157 of 2022
ICICI Lombard Motor Insurance .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Basanti Das and others .... Respondents
Mr. K. Rath, Advocate for Respondent Nos.1 to 4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
26.10.2022
Order No.
07. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. K. Rath, learned counsel for
the Respondent Nos.1 to 4-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 21.12.2021 of learned 4th M.A.C.T., Cuttack in M.A.C.
Case No.222 of 2010 wherein compensation to the tune of
Rs.11,98,000/- has been granted along with simple interest @6%
per annum to the claimants from the date of filing of the claim
application, i.e.27.04.2010 on account of death of the deceased in
the motor vehicular accident dated 16.11.2008.
3. Mr. G.P. Dutta, learned counsel for the Appellant-Insurance
Company submits that the involvement of the offending vehicle
in the alleged accident is not at all established and therefore, the
claimants are not entitled for any compensation. In support of his
contention, it is submitted that neither the Police has submitted its
final report against the offending vehicle nor its driver and none
of the witnesses have said to have seen the accident.
4. It reveals from the copy of the deposition of P.W.2, namely,
Toofan Das that he has seen the accident when the Truck bearing
Registration No.OR-09-K-4414 dashed the deceased. In addition
to such evidence of P.W.2, it is seen that the owner has admitted
about the accident and involvement of the offending vehicle in
the accident. Therefore, no such case is made out in favour of the
insurer to disbelieve the case of the applicants regarding non-
involvement of the offending vehicle. Hence the contention raised
by Mr. Dutta is rejected.
5. With regard to quantum of compensation, considering all such
grounds advanced, a consolidated sum of Rs.18,00,000/- (rupees
eighteen lakhs) is proposed to the parties in course of hearing.
Mr. K. Rath, learned counsel for the Respondent Nos.1 to 4-
claimants agrees to the same and Mr. G.P. Dutta, learned counsel
for Appellant-Insurance Company leaves it to the discretion of
the Court. The compensation amount is accordingly fixed to that
extent.
6. In the result, the Appellant - Insurance Company is directed to
deposit the consolidated amount of Rs.18,00,000/- (rupees
eighteen lakhs) before the Tribunal 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.
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. The copies of the depositions filed by Mr. G.P. Dutta, learned
counsel for the Appellant are kept on record.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
