Orissa High Court
Divisional Manager vs Kumari Parbati Shit And Others on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.633 of 2019
Divisional Manager, Oriental
Insurance Co. Ltd. ....
Appellant
Mr. S. Satpathy, Advocate
-versus-
Kumari Parbati Shit and Others .... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 to 3
Mr. K.K. Das, counsel for Respondent No.4
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
7.8.2023
Order No.
10. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Satpathy, learned counsel for insurer - Appellant,
Mr. P.K. Mishra, learned counsel for claimant - Respondents and Mr.
K.K. Das, learned counsel for owner - Respondent No.4.
3. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 3rd May 2019 of learned 1st MACT,
Mayurbhanj, Baripada passed in MAC Case No.71 of 2016, wherein
compensation to the tune of Rs.8,86,800/- along with interest @ 7%
per annum from the date of filing of the claim application has been
granted on account of death of deceased Ranjit Kumar Shit in the
motor vehicular accident dated 7th March 2016.
4. Mr. Satpathy, learned counsel submits that two F.I.Rs. have
been registered in this case under Ext.1 and Ext.15 respectively and
therefore, the death of the deceased in the accident becomes doubtful.
5. As seen from the record, Bangiriposi P.S. Case Nos.23 of 2016
and 24 of 2016, both dated 8th March 2016 were registered in respect
of same accident involving death of the deceased namely Ranjit
Kumar Shit. It is further seen that the inquest report under Ext.6 has
been prepared relating to P.S. Case No.23 of 2016 and post mortem
examination report under Ext.8 has been prepared relating to P.S.
Case No.24 of 2016. The charge sheet is submitted in P.S. Case No.24
of 2016.
6. Upon perusal of copies of the exhibits as produced in course of
hearing, it is seen that the mistake is on the part of the police and the
claimant has nothing to do. Therefore, all such submissions advanced
on behalf of the insurer to doubt claimant's case on that score do not
find any merit and rejected. Poor claimants, who are the victims of the
accident, should not suffer for any mistake on the part of the police
authorities.
7. So far as the quantum of compensation is concerned, upon
hearing both parties and considering all such grounds of challenge
advanced in that respect, a reduced compensation of Rs.8,50,000/-
with 6% interest is proposed to the parties. This is agreed by Mr.
Mishra, learned counsel for the claimants and Mr. Satpathy, learned
counsel for the insurer leaves it to the discretion of the court.
Accordingly the compensation amount is fixed to the said extent.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit a reduced compensation of
Rs.8,50,000/- (eight 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 the claimant- Respondents on
such terms and proportion to be decided by learned tribunal.
9. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded on proper
application and on production of proof of deposit of the awarded
amount before the tribunal.
10. The copies of exhibits as produced by Mr. Satpathy in course of
hearing are kept on record.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Senior Steno
Reason: Authentication
Location: OHC, Cuttack
Date: 17-Aug-2023 11:06:23
