Orissa High Court
Universal Sompo G.I.Co.Ltd vs Rani Devi & Ors on 20 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.346 of 2019 & MACA No.1357 of 2017
MACA No.346 of 2019
Universal Sompo G.I.Co.Ltd.
.... Appellant
Mr. A.A.Khan, Advocate
-versus-
Rani Devi & Ors. .... Respondents
Mr. P.K.Mishra, Advocate for Respondents
MACA No.1357 of 2017
Rani Devi & Ors. .... Appellants
Mr. P.K.Mishra, Advocate
-versus-
M/S. Aditya Narayana Construction & .... Respondents
Anr.
Mr. A.A.Khan, Advocate for the Respondents
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
20.02.2023
Order No.
09. 1. The matter is taken up through hybrid mode.
2. Heard Mr. Khan, learned counsel for the Insurer-Appellant and
Mr. Mishra, learned counsel for the Claimant-Respondents.
3. Both the appeals being arise out of same judgment dated 12th
October, 2017 passed by learned 7th Motor Accident Claims
Tribunal, Bhubaneswar in MAC Case No. 411 of 2015, wherein
compensation to the tune of Rs.12,10,000/- has been granted along
with interest @ 6 % per annum to the claimants from the date of
filing of the claim application on account of death of the deceased in
the motor vehicular accident on 10th September, 2015, are heard
together and disposed of by this common order.
4. In MACA No. 346 of 2019 preferred by the insurance
company, the same is with delay of 754 days. It is submitted on behalf
of the Insurer that the delay occurred due to official procedure as the
file was sent to Mumbai office. The explanation offered by the
insurance company in I.A. No.434 of 2020 is not found satisfactory.
As such this Court is not inclined to condone such huge delay in filing
the appeal. The limitation petition is dismissed and consequently, the
appeal i.e. MACA No. 346 of 2019 is dismissed on the ground of
limitation.
5. In MACA No. 1357 of 2017, the Claimants have prayed for
enhancement of compensation amount on the ground of non-addition
of future prospects.
6. Upon hearing both parties and perusal of the impugned
judgment, it reveals that admittedly the Tribunal while fixing income
of the deceased at Rs.10,000/- being a B.Tech Mechanical student has
forgotten to add the future prospects. The deceased being aged about
19 years, the Claimants are entitled for addition of future prospect to
the extent of 40%. Doing so, the loss of dependency is enhanced to
Rs.15,12,000/- and the final compensation amount is accordingly
enhance to Rs.16,22,000/-, by restricting general damages to
Rs.1,10,000/-.
7. In the result, MACA No.1357 is disposed of with a direction
to the Insurer-Appellant to deposit entire amount of compensation
of amount of Rs.16,22,000/- (Sixteen lakhs twenty two thousand)
along with interest @ 6% per annum from the date of filing of the
claim application before the Tribunal within a period of two months
from today; where-after the same shall be disbursed in favour of the
claimant on such terms and proportion to be fixed by the Tribunal.
8. On deposit of the award amount before learned Tribunal and
filing of a receipt evidencing the deposit with a refund application
before this Court, the statutory deposit made in MACA No. 346 of
2019 before this Court with accrued interest thereon shall be
refunded to the Appellant-Insurance Company.
9. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
S.Das
