Chemuti Juanga And Others vs Kailash Ch. Mohapatra And Another
2023 Latest Caselaw 8655 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                          MACA No.608 of 2009 & MACA No.419 of 2010
                                 In MACA No.608 of 2009
                                 Chemuti Juanga and others               ....         Appellants
                                                                     Mr. P.K. Mishra, Advocate
                                                          -versus-
                                 Kailash Ch. Mohapatra and another     ....       Respondents
                                                    Mr. A. Das, Advocate for Respondent No.2

                                In MACA No.419 of 2010
                                 National Insurance Co. Ltd.             ....         Appellant
                                                                         Mr. A. Das, Advocate
                                                           -versus-
                                 Chemuti Juanga and others              ....      Respondents
                                          Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3
                                             CORAM:
                                             JUSTICE B. P. ROUTRAY
                                                         ORDER

07.08.2023 Order No. MACA No.608 of 2009 and MACA No.419 of 2010

07. 1. Heard Mr. P.K. Mishra, learned counsel for the claimants and Mr. A. Das, learned counsel for the Insurance Company.

2. Both the appeals being arise out of the same judgment dated 14.5.2009 of learned 4th M.A.C.T., Jagatsinghpur in M.A.C. Case No.161 of 2008, wherein compensation to the tune of Rs.2,50,000/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 3.12.2006, are heard together and disposed of by this common order.

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 10:51:40

3. MACA No.608 of 2009 has been filed by the claimants praying for enhancing the compensation amount and MACA No.419 of 2010 has been preferred by the Insurance Company challenging the award.

4. It is submitted at the Bar that claimant No.1, namely, Chemuti Juanga died in the meantime on 18.05.2020 during pendency of the appeal. Accordingly, his name is deleted from both the appeals, as prayed for.

5. Mr. A. Das, learned counsel for the insurer submits that the offending vehicle, i.e. Truck bearing Registration No.OR-09-H- 0359 was not validly insured on the date of accident and therefore, no liability should be saddled on the insurer.

6. Upon perusal of record, it reveals that the offending vehicle had a valid insurance coverage on the date of accident as per the Police seizure list and no evidence has been adduced from the side of the Insurance Company to the contrary. Therefore, learned Tribunal has rightly concluded regarding validity of insurance policy of the offending vehicle on the date of accident and this Court confirms the same. Accordingly, the contention of Mr. Das denying insurance coverage is rejected.

7. Upon hearing both parties on the question of quantification of compensation amount and considering all such grounds of challenge advanced in that respect including addition of future prospects and application of appropriate multiplier, an enhanced compensation of Rs.4,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 10:51:40 counsel for the claimants agrees to the same and Mr. A. Das, learned counsel for the Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

8. In the result, both the appeals are disposed of with a direction to the Insurance Company to deposit the enhanced compensation of Rs.4,50,000/- (rupees 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 Claimant Nos.2 & 3, namely, Chandramani Juanga and Rina Juanga respectively on such terms and proportion to be decided by the learned Tribunal.

It is made clear that, this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the Insurance Company.

9. On deposit of the award amount by the insurer before the learned Tribunal and filing of a receipt evidencing the deposit with refund applications before this Court, the statutory deposit made in MACA No.419 of 2010 before this Court with accrued interest thereon shall be refunded to the insurer.

10. 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: 10-Aug-2023 10:51:40