Orissa High Court
Bajaj Allianz General Insurance vs Ram Chandra Das And Others (In Maca ... on 22 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.913 of 2017
MACA No.913 & 1033 of 2017
Bajaj Allianz General Insurance
Co. Ltd., represented through its
Sr. Executive (Legal) and Authorized
Signatory, Kharavela Nagar, BBSR (in MACA No.913/2017)
Ram Chandra Das and Others (in MACA No.1033/2017)
.... Appellant
Mr. A.A. Khan, Advocate (in MACA No.913/2017)
Mr. P.K. Mishra, Advocate (in MACA No.1033/2017)
-versus-
Ram Chandra Das and Others (in MACA No.913/2017)
Praboth Kumar Pradhan & Anr. (in MACA No.1033/2017)
.... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 to 3
(in MACA No.913/2017)
Mr. A.A. Khan, counsel for Respondent No.2
(in MACA No.1033/2017)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
22.8.2023
Order No.
05. 1. The matters are taken up through hybrid mode.
2. Heard Mr. A.A. Khan, learned counsel for the insurer, i.e. Bajaj
Allianz General Insurance Co. Ltd. and Mr. P.K. Mishra, learned
counsel for the claimants.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. The appeals are against the impugned judgment dated 18th July,
2017 of learned 4th MACT, Baripada passed in MAC No.12 of 2013,
wherein compensation to the tune of Rs.21,75,352/- along with
interest @ 6% per annum from the date of filing of the claim
application has been granted on account of death of deceased
Saraswati Das in the motor vehicular accident dated 9th August, 2012.
5. MACA No.913 of 2017 has been filed by the insurer
challenging the award and Mr. Khan submits on behalf of the
insurance company that since all the claimants are major sons and
married daughter of the deceased they are not entitled for
compensation having not sustained any loss of dependency.
6. MACA No.1033 of 2017 has been filed by the claimants
praying for enhancement of the compensation amount mainly praying
for addition of adequate amount towards general damages.
7. Law is well settled in the case of National Insurance Company
Limited v. Birender and Others, (2020) 11 SCC 356 that major sons
and daughters are also to be treated as dependents for the purpose of
compensation filed under the MV Act. As such, the contentions raised
on behalf of the insurer are rejected.
8. On the question of quantum of compensation, considering the
grounds advanced regarding addition of adequate amount towards
general damages including loss of consortium, the compensation
amount is modified to Rs.22,35,000/-, payable along with interest @
6% per annum.
9. In the result both the appeals are disposed of with a direction to
the insurer, i.e. Bajaj Allianz General Insurance Co. Ltd. to deposit the
modified compensation of Rs.22,35,000/- (twenty-two lakhs thirty-
five 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 claimants on such terms and proportion to be decided by
the learned tribunal.
10. The statutory deposit made by the insurer - Appellant in MACA
No.913 of 2017 before this court along with accrued interest thereon
shall be refunded on proper application and on production of proof of
deposit of the award amount before the tribunal.
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: 22-Aug-2023 17:59:27
