Orissa High Court
The Divisional Manager vs Surendra Gadaba And Others on 1 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.63 of 2021
(From the judgment dated 7th March, 2020 passed by the learned
M.A.C.T.-III, Malkangiri in M.A.C. Case No.18/2018)
The Divisional Manager, Oriental .... Appellant
Insurance Co. Ltd.
-versus-
Surendra Gadaba and others .... Respondents
Advocate(s) appeared in this case:-
For Appellant : Mr. P.K. Mahali, Advocate
For Respondents : Mr. S.B. Das, Advocate
For Respondent Nos.1 to 3
Mr. K. Panigrahi, Advocate
For Respondent No.4
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
st
1 February, 2023
B.P. Routray, J.
1. Present appeal by the insurer, i.e. Oriental Insurance Co. Ltd. is
directed against judgment dated 7th March, 2020 passed by the learned
M.A.C.T.-III, Malkangiri in M.A.C. Case No.18/2018, wherein
compensation to the tune of Rs.11,80,372/- has been granted along
with interest @7% per annum to the claimants from the date of filing
of the claim application, i.e. 05.11.2018 on account of death of the
deceased, namely, Tulasi Gadaba in the motor vehicular accident dated
11.10.2018.
2. Mr. Mahali, learned counsel for the Appellant-Insurance
Company focused on contributory negligence on the part of the driver
of the motorcycle. He contends that since three persons were riding the
motorcycle at the time of accident, contributory negligence is
presumable on the driver as well as the pillion riders of the motorcycle
for violation of Section 128 (1) of the M.V. Act.
3. This contention of Mr. Mahali is rejected for the same reasons
discussed in the connected appeal, i.e. MACA No. 62 of 2021,
disposed of today by separate judgment. The same are not repeated
here.
4. Next coming to the quantum of compensation, it is submitted by
Mr. Mahali that in another case arising out of the same accident, the
Tribunal while granted interest @6%, directed in the present case for
payment of interest @7%, which should be reduced to 6% accordingly.
5. Upon perusal of the impugned judgment, neither any flaw is
seen on the question of liability on the Insurance Company nor any
point is seen to interfere with the amount of compensation directed to
be paid by the Insurer. As such, the direction of the learned Tribunal to
pay the compensation amount of Rs.11,80,372/- is confirmed.
However, the rate of interest is reduced to 6% against 7%.
6. At this stage, Mr. Mahali submits that entire compensation
amount along with interest as directed by the Tribunal has already been
deposited before the Tribunal pending appeal pursuant to the direction
of this Court dated 22.06.2021.
7. In the result, the appeal is disposed of with a direction to learned
Tribunal to disburse the entire compensation amount deposited before
it by calculating the interest @6% on the same, i.e. Rs.11,80,372/- +
interest @6% from 05.11.2018, and refund the balance amount, if any,
to the insurer. The amount shall be disbursed in favour of the
claimants-Respondents on such terms and proportion to be fixed by the
learned Tribunal.
8. The statutory deposit made by the Appellant with accrued
interest thereon be refunded to him on proper application.
(B.P. Routray)
Judge
B.K. Barik/Secretary
