Orissa High Court
New India Assurance Co. Ltd. ... vs Gitanjali Mohanty And Others on 27 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.872 of 2017
New India Assurance Co. Ltd. through
its Manager, Legal Cell, Badambadi, ....
Appellant
Cuttack
Mrs. P. Mishra, Advocate
-versus-
Gitanjali Mohanty and Others .... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 to 4 & 6
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
27.2.2023
Order No.
09. 1. The matter is taken up through hybrid mode.
2. Heard Mrs. P. Mishra, learned counsel for the insurer -
Appellant and Mr. P.K. Mishra, learned counsel for claimant -
Respondents 1 to 4 and 6.
3. It is submitted that during pendency of the appeal claimant -
Respondent No.5, namely Lamhu Charan Mohanty died on 29th
January, 2022 and all other LRs being on record, his name be deleted.
As such the name of Respondent No.5 is deleted.
4. Present appeal by the insurer is directed against the impugned
judgment dated 15th March, 2017 of learned 1st MACT, Keonjhar
passed in MAC No.33 of 2013, wherein compensation to the tune of
Rs.19,53,722/- along with interest @ 7.5% per annum from the date of
filing of the claim application, i.e., 4th March, 2013 has been granted
on account of death of deceased Bharat Chandra Mohanty in the
motor vehicular accident dated 2nd December, 2012.
5. It is submitted on behalf of the Appellant that since the accident
is result of head-on-collision between the Nano car and the offending
vehicle, i.e. Pick-up Van bearing registration number OR 04L 9480,
contributory negligence should be attributed on the driver of the Nano
car in which the deceased was an occupant.
6. I do not find any force in such submission in absence of any
evidence led from the side of the insurer to that effect, particularly
keeping in view the oral evidences of eye witnesses (P.W.1 and
P.W.2). Moreover, the admitted fact remains that the police upon
completion of investigation has submitted charge-sheet against the
driver of the offending vehicle only.
7. With regard to quantification of compensation, it is submitted
on behalf of the Appellant that the deceased was receiving Rs.20/- per
day as per Ext.A and as such the income should be fixed accordingly.
Here also the contention of the insurance company is seen without
merit. As per the claimants, the deceased was serving as Watchman in
the office of District Manager, Orissa State Civil Supplies Corporation
(OSCSC) and getting salary of Rs.11,805/- per month. Ext.7 is the
salary slip of the deceased proved by P.W.4. Ext.A, on which the
Appellant is relying is the initial engagement order of the deceased
dated 26th April, 1990. Said Ext.A discloses engagement of the
deceased at OSCSC at the wage rate of Rs.20/- per day. But the
accident took place on 2nd December, 2012 and Ext.7 is the salary slip
in respect of the salary drawn by the deceased at the time of accident
and there is no dispute regarding the amount mentioned in said Ext.7.
Therefore, what is contended on behalf of the Appellant - insurer is
rejected on the face of Ext.7.
8. It is seen that the tribunal by adopting all settled procedure, has
computed the compensation amount and so, no reason is seen to
interfere with the same.
9. In the result the appeal is dismissed and the insurer - Appellant
is directed to deposit entire compensation amount before the tribunal
along with interest as per its direction, within a period of two months
from today, where-after the same shall be disbursed in favour of the
claimant - Respondents 1 to 4 and 6 on such terms and proportion to
be decided by the learned tribunal.
10. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
