Orissa High Court
Divisional Manager vs Santi Naik And Others on 5 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.638 of 2020
Divisional Manager, M/s. National
Insurance Company Ltd. .... Appellants
Mr. B.N. Udgata, Advocate
-versus-
Santi Naik and Others .... Respondents
Mr. Biswajit Mohanty, counsel for Respondents 1 to 6
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
5.1.2023
Order No.
10. 1. The matter is taken up through hybrid mode.
2. Heard Mr. B.N. Udgata, learned counsel for the insurer -
Appellant, Mr. B. Mohanty, learned counsel for claimant -
Respondents 1 to 6 and Mr. B. B. Singh, learned counsel for owner -
Respondent No.8.
3. Present appeal by the insurer is against the impugned judgment
dated 31st August, 2019 of learned 1st MACT, Dhenkanal passed in
MAC Case No.39 of 2016 wherein compensation to the tune of
Rs.8,80,000/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 2nd March, 2016 has been granted
on account of death of deceased Sagar Naik in the motor vehicular
accident dated 23rd December, 2015.
4. Mr. Udgata contends for the Appellant that the deceased while
going in a motor cycle died as it dashed against a tree. But the
claimants falsely make out a case that he died in the accident
involving the present offending vehicle, i.e. motor cycle bearing
registration number OR 06J 2928. In support of his contention, Mr.
Udgata relies on the evidence adduced by the investigator of the
company namely Harihar Sahoo, O.P.W.1. He further relies on the
report of the investigator under Ext.A along with a news report
published in daily 'Samaj' dated 24th December, 2015.
5. In order to answer the contention raised by Mr. Udgata, it needs
to be first mentioned here that neither the investigator was an eye
witness nor a witness having any direct knowledge about the accident.
Thus the evidence of O.P.W.1 as well as the news item published in
Daily Samaj are termed as hearsay evidence without having any
evidentiary credibility.
6. On the other hand, it is seen that the police has submitted the
charge-sheet against the accused driver of the offending motor cycle
for his negligence in causing the accident. Said police investigation
report has also been relied by the insurer in their evidence. The oral
evidence through the eye-witness, P.W.2 is thus supported in the
police investigation report and the rebuttal evidence adduced from the
side of the insurer being found unworthy of credit, no further doubt
remains in the contention of the claimants regarding the accident.
Therefore the case of the claimants is established and the finding of
the tribunal in this regard is confirmed.
7. With regard to quantum of compensation, a cross-appeal has
been filed by the claimants praying for enhancement of the amount
mainly on the ground that no future prospects has been added to the
income of the deceased and no parental consortium has been given to
the 5 minor children of the deceased.
8. Perusal of the impugned judgment leaves no doubt in the
contention raised by the claimants regarding non-addition of such
amounts by the tribunal. Thus, considering the same, the
compensation amount is enhanced to Rs.12,15,000/-, payable along
with interest @ 6% per annum. Here it is important to note that the
deceased being more than the age of 40 years on the date of accident,
the appropriate multiplier should be '14' instead of '15'.
9. In the result, the appeal is disposed of with a direction to the
insurer - Appellant to deposit the modified compensation amount of
Rs.12,15,000/- (twelve lakh fifteen thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 2nd March, 2016, within a period of two months
from today, where-after the same shall be disbursed in favour of the
claimant - Respondents on such terms and proportion to be decided
by the learned tribunal.
10. The copies of depositions as filed by Mr. Mohanty in course of
hearing are kept on record.
11. 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.
12. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
