Orissa High Court
Branch Manager vs Sairendri Sahu And Others on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.901 of 2018 & MACA No.431 of 2018
In MACA No.901 of 2018
Branch Manager, M/s.National .... Appellant
Insurance Company Ltd.
Mr. B.P. Das, Advocate
-versus-
Sairendri Sahu and others .... Respondents
Mr. J. Sahu, Advocate for Respondent Nos.1 to 3
In MACA No.431 of 2018
Mst. Sairendri Sahu and others .... Appellants
Mr. J. Sahu, Advocate
-versus-
Pintu Agrawala and another .... Respondents
Mr. B.P. Das, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
26.04.2023
Order No.
12. 1. Heard Mr. B.P. Das, learned counsel for the Insurance
Company and Mr. J. Sahu, learned counsel for the claimants.
2. Both the appeals being arise out of same impugned judgment
dated 26.02.2018 of learned MACT, Bargarh in M.A.C. No.64 of
2017, wherein compensation to the tune of Rs.10,13,072/- has
been granted along with interest @7% per annum to the claimants
from the date of filing of the claim application, i.e.24.07.2017 on
account of death of the deceased in a motor vehicular accident
dated 30.06.2016, are heard together and disposed of by this
common order.
3. MACA No.901 of 2018 has been filed by the insurer
challenging the award and MACA No.431 of 2018 has been filed
by the claimants praying for enhancement of the compensation
amount.
4. Mr. B.P. Das, learned counsel for the insurer submits that,
since the deceased did not wear helmet at the time of accident, he
has contributed towards negligence for the accident and as such,
the liability on the part of the insurer should be reduced to 50%.
5. But having perused the record, no such material is seen to
have brought to satisfy the contention of the insurer that the
deceased did not wear helmet at the time of accident. The Police
also did not submit the charge-sheet for violation of Section 129
of the M.V. Act (Pre-amended Act).
6. So far as the quantification of compensation amount is
concerned, upon hearing both the parties and considering all such
grounds advanced including applicability of rate of minimum
wages prevalent on the date of accident in respect of unskilled
labourer, enhanced compensation of Rs.12,80,000/- along with
interest @6% per annum is proposed to the parties in course of
hearing. Mr. J. Sahu, learned counsel for the claimants agrees to
the same and Mr. B.P. Das, learned counsel for the Insurance
Company leaves it to the discretion of the Court. The
compensation amount is accordingly fixed to that extent.
7. In the result, both the appeals are disposed of with a direction
to the insurer i.e. National Insurance Co. Ltd. to deposit the
modified compensation amount of Rs.12,80,000/- (rupees twelve
lakhs eighty thousand) before the Tribunal along with interest
@6% per annum from the date of filing of the claim application,
i.e.24.07.2017, 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. 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 in MACA No.901 of
2018 before this Court with accrued interest thereon shall be
refunded to the Insurance Company.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
