Mina Singh And Another vs Pabitra Kumar Panda And Another
2023 Latest Caselaw 2662 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.461 of 2018
                 Mina Singh and Another                     ....         Appellants
                                                        Mr. P.K. Mishra, Advocate
                                             -versus-
                 Pabitra Kumar Panda and Another            ....        Respondent
                                    Mr. A.A. Khan, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

3.4.2023 Order No.

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellants and Mr. A.A. Khan, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned judgment dated 21st February, 2018 of learned 1st MACT, Jagatsinghpur passed in MAC Case No.282/2013 (46/16), wherein the tribunal has refused to grant any compensation by disbelieving the accidental death of the deceased.

4. The deceased is a minor girl aged about 10 years. The main reason for disbelieving the case of the claimants, as stated by the tribunal, is that, there is delay of 38 days in lodging the F.I.R. and in the inquest report unknown vehicle has been mentioned.

5. Undisputedly the police upon completion of investigation have submitted charge-sheet stating involvement of the offending vehicle, i.e. Indigo Car bearing registration number OD-05-AL-1265 and its driver for negligence in causing the accident. The owner of the vehicle has also admitted involvement of his vehicle in the accident. Therefore, there cannot be any further doubt to disbelieve the case of the claimants, who are the unfortunate parents of the minor deceased. Here what is submitted by Mr. Khan based on inquest report and delay in lodging the F.I.R., are without substance in view of the admission of the owner and submission of the charge-sheet. Therefore, it is concluded in favour of the claimants that the deceased died in the motor vehicular accident due to negligence on the part of driver of Indigo Car bearing registration number OD-05-AL-1265 and as such, the appellants are entitled for compensation.

6. With regard to quantum of compensation, taking the deceased as a non-earning person, her notional income is fixed at Rs.3000/- per month and accordingly total compensation of Rs.4,50,000/-, payable along with interest @ 6% per annum is proposed to the parties. Mr. Mishra, learned counsel for the claimants agrees to the same and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court.

7. In the result the appeal is allowed and impugned award is set aside. The insurer - Respondent No.2 is directed to deposit total compensation of Rs.4,50,000/- (four 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 claimant- Appellants on such terms and proportion to be decided by learned tribunal.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda