Orissa High Court
National Insurance Company Ltd vs Ghanashyam Dash And Others on 27 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.349 of 2020
National Insurance Company Ltd.,
represented through its Divisional ....
Appellant
Manager, Mangalabag, Cuttack
Mr. Prasanta Kumar Mahali, Advocate
-versus-
Ghanashyam Dash and Others .... Respondents
Mr. B.K. Mohanty, counsel for Respondents 1&2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
27.1.2023
Order No.
05. 1. The matter is taken up through hybrid mode.
2. Heard Mr. P.K. Mahali, learned counsel for the insurer -
Appellant and Mr. B.K. Mohanty, learned counsel for claimant -
Respondents.
3. Present appeal by the insurer is directed against impugned
judgment dated 11th September, 2019 of learned 1st MACT, Cuttack
passed in MAC No.805 of 2015, wherein compensation to the tune of
Rs.16,90,050/- along with interest @ 6% per annum from the date of
filing of the claim application, i.e. 4th November, 2015 has been
granted on account of death of deceased Sibananda Dash in the motor
vehicular accident dated 27th September, 2015.
4. Mr. Mahali submits on behalf of the insurer that the deceased
was an insured person within the definition of Section 2(14) of the
Employee's State Insurance Act (for short 'the ESI Act') and as such
the claim application under Section 166 of the Motor Vehicles Act (in
short 'the MV Act') is not maintainable.
5. It is seen that, neither any evidence to that effect has been
adduced from the side of the insurer nor any such pleading is taken in
their written statement. No material is also produced before this court
to justify the same. As such, the contention raised before this court is
not entertained and rejected.
6. It is further submitted on behalf of the insurer that the amount
of compensation granted by the tribunal is excessive since future
prospect to the extent of 50%, instead of 40%, is added by the
tribunal. This contention of the insurer - Appellant is also found
without merit since it is established on record that the deceased was
serving as a Trainee Customer Service Representative under M/s.
Amrutanjan Health Care Limited and as per Ext.11 and Ext.12 series,
he has fixed income by way of monthly salary. Therefore, in terms of
the principles settled in the case of National Insurance Company Ltd.
v. Pranay Sethi and Others (2017) 16 SCC 680, future prospects to
the extent of 50% has been rightly added.
7. Mt. Mahali further contends that the allowances paid to the
deceased along with his monthly salary should not be counted towards
his income. This submission of Mr. Mahali is also seen without merit.
Accordingly, no reason is seen to interfere with the impugned award.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit the entire compensation amount along
with interest before the tribunal 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 on same terms and proportion as
contained in the impugned judgment.
9. The statutory deposit made by the insurer before this court
along with accrued interest be refunded on proper application and on
production of proof of deposit before the tribunal.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
