Orissa High Court
Divisional Manager vs Buli Bewa And Another on 11 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.644 of 2007
Divisional Manager, National .... Appellant
Insurance Company Ltd.
Mr. N.C. Mishra, Advocate
-versus-
Buli Bewa and another .... Respondents
Mr. S. Mohanty, Advocate for Respondent No.1
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.04.2023
Order No.
09. 1. Heard Mr. N.C. Mishra, learned counsel for the Appellant-
Insurance Company as well as Mr. S. Mohanty, learned counsel
for Respondent No.1-claimant.
2. Present appeal by the insurer is directed against the judgment
dated 31.01.2007 of learned 3rd M.A.C.T., Puri in M.A.C.
No.230/104 of 1997/1997, wherein compensation to the tune of
Rs.2,00,000/- has been granted along with interest @7.5% per
annum to the claimant from the date of filing of the claim
application, i.e.11.3.1997 on account of death of the deceased in
the motor vehicular accident dated 19.2.1997.
3. It is contended by Mr. N.C. Mishra, learned counsel for the
Appellant that the income of the deceased has been taken on
higher side and the amount paid towards "No Fault Liability" has
not been adjusted from the compensation amount.
4. The date of accident is 19.2.1997 and the deceased was 55
years old at the time of accident. The learned Tribunal has
assessed his income at Rs.3000/- as a carpenter and determined
loss of dependency by applying multiplier '8'. No future prospect
was also added to the income of the deceased. However, in
absence of challenge from the side of the claimants, this Court is
though not inclined to enter into such disputes, but considering
the plight of the claimant, the amount of compensation is
enhanced by the amount paid towards 'No Fault Liability'.
5. The contention of Mr. Mishra to reduce income of the deceased
is not found convincing keeping in view the undisputed
profession of the deceased as a carpenter in the year 1997. The
fact of payment of Rs.50,000/- along with interest towards "No
Fault Liability" to the claimant during pendency of the claim
application is not disputed by Mr. Mohanty, learned counsel for
Respondent No.1. But the prayer of the insurer for adjusting the
same from the compensation amount of Rs.2,00,000/- as directed
by the learned Tribunal is not accepted for the reasons that the
Tribunal while computing the compensation amount has counted
lesser amount. For the reasons stated at paragraph-4 above in
favour of the claimant, it is clarified that the amount paid towards
"No Fault Liability" is treated over and above the compensation
amount directed to be paid by learned Tribunal. However, the rate
of interest is reduced to '6%'.
6. In the result, the Appellant - Insurance Company is directed to
deposit the compensation amount of Rs.2,00,000/- (rupees two
lakhs) before the Tribunal along with interest @6% per annum
from the date of filing of the claim application, i.e.11.3.1997
within a period of two months from today; where-after the same
shall be disbursed in favour of the claimant-Respondent No.1 on
such terms and proportion to be decided by the Tribunal.
7. On deposit of the award amount before 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. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
