Orissa High Court
M/S.New India Assurance Co. Ltd vs Sabitra Panth And Others on 28 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.183 of 2023
M/s.New India Assurance Co. Ltd. .... Appellant
Mr. S. Satapathy, Advocate
-versus-
Sabitra Panth and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
28.08.2023
Order No.
04. 1. Heard Mr. S. Satapathy, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for Respondent Nos.1 to 4-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 02.11.2022 of learned 1st M.A.C.T., Bargarh in M.A.C.
Case No.43 of 2019, wherein compensation to the tune of
Rs.73,87,520/- has been granted along with interest @6% per
annum to the claimants from the date of filing of the claim
application, i.e.04.05.2019 on account of death of the deceased in
the motor vehicular accident dated 01.03.2019.
3. Mr. S. Satapathy, learned counsel for the insurer submits that
the driver of the other vehicle, i.e. Police Van bearing
Registration No.OR-05-T-9536 had contributed negligence and
thus the liability should be shared equally.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-Aug-2023 15:57:01
4. The accident took place due to front collision between Police
Van and the offending Truck bearing Registration No.CG-04-
HW-4117. The Police upon completion of investigation had
submitted the charge-sheet against the driver of the offending
Truck. The deceased, who was a Hawaldar, was an occupant of
the Police Van. The insurer did not adduce any evidence in
rebuttal to the statements of P.W.2 or the findings arrived in
Police investigation report. So all such contention raised at this
stage by the insurer to contribute the negligence on the part of the
driver of the Police Van is rejected.
5. On the question of quantum of compensation, upon hearing
both the parties and considering the grounds of challenge
advanced including deduction of statutory tax amount, a reduced
compensation of Rs.69,50,000/- along with 6% interest is
proposed to the parties in course of hearing. Mr. P.K. Mishra,
learned counsel for the claimants agrees to the same and Mr. S.
Satapathy, learned counsel for the 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 reduced compensation of Rs.69,50,000/- (rupees sixty-
nine lakhs fifty thousand) before the Tribunal along with interest
@6% per annum from the date of filing of the claim application,
i.e.04.05.2019 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants-
Respondent Nos.1 to 4 on such terms and proportion to be fixed
by the Tribunal.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-Aug-2023 15:57:01
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. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-Aug-2023 15:57:01
