Orissa High Court
Divisional Manager vs Gobardhan Naik & Ors on 25 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.9 of 2022
Divisional Manager, CDU-II(550200), .... Appellant
The New India Assurance Co.Ltd.
Mr.P.Sinha, Advocate
-versus-
Gobardhan Naik & Ors. .... Respondents
Mr.P.K.Nayak, Advocate for Respondent Nos. 1 & 2
Mr.A.Mishra, Advocate for Respondent No.3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.04.2023
Order No.
06. 1. The matter is taken up through hybrid mode.
2. Heard Mr.Sinha, learned counsel for the Appellant, Mr.Nayak,
learned counsel for the claimant-Respondent Nos. 1 & 2 &
Mr.Mishra, learned counsel for the owner-Respondent No.3.
3. Present appeal by the Insurer is directed against judgment dated
21st September, 2021 of 3rd M.A.C.T., Talcher in MAC No.56 of
2017, wherein compensation to the tune of Rs.7,77,200/- 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 motor vehicular accident on 3rd June, 2017.
4. As per Mr.Sinha, learned counsel for the Insurer the insurance
policy is in respect of contractor's plant and machinery. It is submitted
that the alleged vehicle involved in the accident is a Pay Loader
(bearing registration No. OR-21-C-4668) and according to Insurance
Policy Certificate (under Ext.B-1) third party liability is limited to
Rs.6,00,000/- only. Therefore, the Insurer-Appellant cannot be
burdened beyond any amount more than Rs.6,00,000/-
5. A copy of the insurance policy produced by Mr.Sinha reveals
that the same is restricted in respect of third party liability up to
Rs.6,00,000/- only. No dispute is raised on such limit of liability,
either by the insured-Respondent No.3 or Claimants-Respondent No.1
& 2. As such, the liability on the Insurer-Appellant is limited up to
Rs.6,00,000/- only.
6. The Tribunal has computed the compensation amount at
Rs.7,77,200/- along with interest @6% per annum. It is admitted in
course of hearing by all the parties that compensation of Rs.2,00,000/-
has already been paid by the owner to the Claimants. In course of
hearing, Mr.Nayak, learned counsel for the Claimants and Mr.Mishra,
learned counsel for the Owner-Respondent No.3 agrees inter-se to fix
the compensation amount at Rs.9,00,000/- consolidated, including
adjustment of Rs.2,00,000/- already received. So the balance amount
remains is Rs.7,00,000/-.
7. Accordingly, the total compensation amount is modified to
above extent. The Insurer-Appellant is directed to deposit the amount
of Rs.6,00,000/- and the balance amount of Rs.1,00,000/- is to be
deposited by the owner-Respondent No.3, within a period of two
months from today, which shall disbursed in favour of the Claimants
on such terms and proportion to be decided by the Tribunal.
8. The statutory deposit made by the Appellant with accrued
interest thereon shall be refunded to him on proper application and on
production of proof of deposit of respective award amount on his part,
before learned Tribunal.
9. Copy of the insurance policy produced in course of hearing is
kept on record.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
S.Das
