Divisional Manager vs Smt.Koila Mahanta And Others
2023 Latest Caselaw 8898 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.257 of 2014

            Divisional Manager,
            Oriental Insurance Co. Ltd.                 ....         Appellant
                                                      Mr.A.Mishra, Advocate


                                           -versus-


            Smt.Koila Mahanta and others                ....       Respondents
                          Mr.B.P.Mohanty, Advocate for Respondent No.1-4

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

9.8.2023

Order No.

15. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Appellant- Insurer and Mr.Mohanty, learned counsel for claimants- Respondent Nos.1 to 4.

3. Present appeal by the Insurer is directed against the judgment dated 7th December, 2013 of the Member, 5th Motor Accident Claims Tribunal, Khurda in M.A.C.T. Misc. Case No.26 of 1999, wherein compensation to the tune of Rs.5,49,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 31st March 1998.

4. Mr.Dutta submits on behalf of the Insurer that the offending vehicle i.e. Ambassador Car bearing Registration No.OAU-8667 has been falsely entangled in the accident though was not involved. In order to draw his support for his contention, Mr.Dutta submits that police after investigation have submitted the final report stating 'no clue'.

5. Upon perusal of the record, it reveals that P.W.2 has been examined from the side of the claimant as an eyewitness to the accident and according to his evidence involvement of the offending car is established. The statement of P.W.2 is also corroborated by the findings recorded in the police report that involvement of one Ambassador Car is though established but its registration number could not be ascertained. This is also reflected in the contents of the F.I.R. showing involvement of one Ambassador Car. Therefore, the contentions raised on behalf of the Insurer to doubt the same without any material is found without merit and as such rejected.

6. On the question of quantum of compensation, I do not find any reason in favour of the Insurer to reduce the same. However, the rate of interest is reduced to 7% to 6%.

7. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit entire compensation amount 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 claimants on such terms and proportion to be fixed by the Tribunal.

8. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application

and on production of proof of deposit of the award amount before the learned Tribunal.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary

Location: Orissa High Court, Cuttack Date: 11-Aug-2023 17:54:01