Orissa High Court
S.B.I. General Insurance vs Mangra Tapno And Another on 6 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1211 of 2018
S.B.I. General Insurance .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Mangra Tapno and another .... Respondents
Mr. P.K. Nayak, Advocate for Respondent No.1
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
06.01.2023
Order No.
09. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Nayak, learned counsel
for the Respondent No.1-claimant.
2. Present appeal by the insurer is directed against the judgment
dated 30.07.2018 of learned 3rd M.A.C.T., Rourkela in M.A.C.
No.77 of 2017, wherein compensation to the tune of
Rs.5,95,425/- has been granted along with interest @6% per
annum to the claimant from the date of filing of the claim
application on account of injury sustained by him in the motor
vehicular accident dated 25.11.2016.
3. It is submitted by Mr. G.P. Dutta, learned counsel for the
Appellant-insurer that the involvement of the offending vehicle,
i.e. Tractor Trolley bearing Registration No.OD-14-H-9220 and
OD-14-H-9221 respectively, is doubtful for the reason that the
FIR was lodged after 72 days of the accident and secondly, the
medical documents does not speak about any road traffic
accident.
4. On perusal of the impugned judgment, it reveals that the Police
upon completion of investigation has submitted the charge-sheet
against the accused-driver of the offending Tractor-Trolley for
commission of offences under Sections 279/337/338, I.P.C. and
also seized the offending vehicle including the insurance policy,
etc. The most important fact is that the owner by coming to the
witness box as O.P.W.1 has admitted the fact of accident and
sustenance of injury by the claimant.
5. On the other hand, no witness was examined from the side of
the insurer. But the documents relating to the validity of the
insurance policy, DL, fitness, etc. have been adduced from the
side of the insurer. Therefore on analysis of all such materials, no
such point is seen in favour of insurer's contention regarding non-
involvement of the offending vehicle in the accident and
accordingly the contention raised by the Mr. Dutta, learned
counsel for the insurer is rejected.
6. With regard to quantification of compensation amount,
considering all such grounds of challenges advanced in the appeal
and upon hearing both the parties, a reduced compensation of
Rs.5,25,000/- along with 6% interest is proposed to the parties in
course of hearing. Mr. P.K. Nayak, learned counsel for the
claimant-Respondent No.1 agrees to the same and Mr. G.P. Dutta,
learned counsel for the Appellant-Insurance Company leaves it to
the discretion of the Court. The compensation amount is
accordingly fixed to that extent.
7. In the result, the Appellant - Insurance Company is directed to
deposit the reduced compensation of Rs.5,25,000/- (rupees five
lakhs twenty-five thousand) before the Tribunal along with
interest @6% per annum from the date of filing of the claim
application within a period of two months from today; where-
after the same shall be disbursed in favour of the claimant-
Respondent No.1 on such terms and proportion to be fixed by the
Tribunal.
8. It is made clear that the direction of the learned Tribunal with
regard to right of recovery granted in favour of the insurer is left
undisturbed.
9. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
application before this Court, the statutory deposit made before
this Court with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
10. The MACA is disposed of with aforesaid directions.
11. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
