Orissa High Court
Oriental Insurance Company Ltd vs Laxmi Pradhan And Others on 28 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.683 of 2019
Oriental Insurance Company Ltd.,
represented by its Divisional Manager .... Appellant
Mr. P.K. Mahali, Advocate
-versus-
Laxmi Pradhan and Others .... Respondents
Mr. Soubhagya Kumar Dash, counsel for Respondents 1 & 2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
28.2.2023
Order No.
11. 1. The matter is taken up through hybrid mode.
2. Heard Mr. P.K. Mahali, learned counsel for the insurer -
Appellant and Mr. S.K. Dash, learned counsel for claimant -
Respondents 1 & 2.
3. Present appeal by the insurer is directed against impugned
judgment dated 1st August, 2019 of learned 8th MACT, Aska passed in
MAC Case No.13 of 2016, wherein compensation to the tune of
Rs.9,37,200/- along with interest @ 7% per annum form the date of
filing of the claim application has been granted on account of death of
deceased Hrusikesh Pradhan in the motor vehicular accident dated
30th October, 2015.
4. The insurer has filed I.A. No.143 of 2022 praying to adduce
additional evidence, i.e. an affidavit of the owner of offending vehicle
dated 16th September, 2021. The prayer for adducing additional
evidence is rejected outright since the affidavit has been procured
much after passing of the impugned judgment. This approach of the
insurance company to procure affidavit from the owner after passing
of the award is deprecated.
5. Mr. Mahali contends for the Appellant that the vehicle was not
involved in the accident but subsequently implanted to manage
compensation. It is seen that no evidence has been adduced from the
side of the insurance company before the tribunal. It is further seen
that police has submitted charge-sheet against the driver of the
offending Bolero vehicle bearing registration number OD-07-K-0090.
So in absence of any evidence adduced from the side of the insurance
company and keeping the oral evidence adduced through P.W.2, the
eye-witness, in view as well as the charge-sheet submitted by police,
all such contentions raised on behalf of the insurer to disbelieve
involvement of offending vehicle in the accident is rejected.
6. With regard to quantum of compensation, it is submitted by Mr.
Mahali that the notional income fixed by the tribunal is liable for
reduction. No force is seen in the contention of Mr. Mahali since the
tribunal has taken only Rs.6000/- as the income of the deceased.
Keeping in view the date of accident on 30th October 2015, no flaw is
seen in the approach of the tribunal in fixing notional income of the
deceased at Rs.6000/- per month.
7. No further ground is seen to interfere with the award. The
Tribunal by adopting all settled procedures has determined the
compensation amount.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit entire compensation amount before the
tribunal as per its direction including the interest, within a period of
two months from today; where-after the same shall be disbursed in
favour of the claimant - Respondents on same terms and proportion as
contained in the impugned judgment.
9. 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
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
