Manager Tp Claims vs Ramamani Pradhan And Others
2023 Latest Caselaw 1391 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.345 of 2018
                 Manager TP Claims, IFFCO-TOKIO
                 General Insurance Company Ltd.        ....          Appellant
                                                Mr. Adam Ali Khan, Advocate
                                          -versus-
                 Ramamani Pradhan and Others           ....        Respondents
                                    Mr. K.K. Das, counsel for Respondents 1-4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

9.2.2023 Order No.

10. 1. The matter is taken up through hybrid mode.

2. Heard Mr. A.A. Khan, learned counsel for the Appellant - insurer and Mr. K.K. Das, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against impugned judgment dated 10th January, 2018 of learned 1st MACT, Nayagarh passed in MAC No.105/110 of 2015, wherein compensation to the tune of Rs.5,45,200/- along with interest @ 7% per annum form the date of filing of the claim application, i.e. 30th September, 2015 has been granted on account of death of deceased Krupasindhu Pradhan in the motor vehicular accident dated 28th June, 2015.

4. The involvement of the offending vehicle, i.e. Maruti Swift car bearing registration number OD 02S 2388 is disputed by Mr. Khan, learned counsel on behalf of the Appellant. It is submitted that the F.I.R. was lodged stating unknown vehicle, but the charge-sheet was filed in respect of present offending vehicle without any basis.

5. Such contention advanced on behalf of the Appellant - insurance company is found without merit. It is for the reason that the eye witness, P.W.2, of the accident has categorically stated during his evidence about involvement of the offending Maruti Swift car in the accident and consequent negligence on the part of its driver. As such, all such points raised by Mr. Khan are not entertained. The findings of the tribunal in this regard are thus confirmed.

6. With regard to quantification of compensation amount, no ground is seen to interfere with the same as the tribunal has determined it adopting settled principles. However, the rate of interest is reduced to 6%.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the total compensation amount of Rs.5,45,200 (five lakhs forty-five thousand two hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 30th September, 2015, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents 1 to 4 on such terms and proportion to be fixed by the learned tribunal.

8. The statutory deposit made by the Appellant - insurer before this court along with accrued interest be refunded to the insurer on proper application and on production of proof of deposit before the tribunal.

9. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda