Sabitri Sahoo & Ors vs Durga Prassana Maharathi & Anr
2023 Latest Caselaw 7736 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:06



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                  MACA Nos.206 & 221 of 2023

                            MACA No. 206 of 2023
                            Sabitri Sahoo & Ors.                            ....          Appellants
                                                                        Mr. P.K.Mishra, Advocate
                                                             -versus-
                             Durga Prassana Maharathi & Anr.                ....      Respondents
                                                       Mr.P.K.Mahali, Advocate for Respondents

                            MACA No.221 of 2023
                            Divisional Manager, M/S. United India ....         Appellants
                            Insurance Co.Ltd.
                                                                Mr.P.K.Mahali, Advocate
                                                             -versus-
                             Sabitri Sahoo & Ors.                           ....      Respondents
                                                                        Mr. P.K.Mishra, Advocate


                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                           ORDER

17.07.2023 I.A. No. 444 of 2023 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr.Mishra, learned counsel for the Appellant and Mr.Mahali, learned counsel for Respondents.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned.

4. The I.A. is disposed of.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 17:48:06

.

MACA Nos. 206 & 221 of 2023

5. Both the appeals being arise out of the same judgment dated 6th December, 2022 passed by the 1st Additional District Judge-cum-1st Motor Accident Claims Tribunal, Cuttack in MAC Case No. 1058 of 2019, wherein compensation to the tune of Rs.55,57,031/- was granted along with interest @ 6 % per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 8th July,2019, are heard together and disposed of by this common order.

6. In MACA No. 221 of 2023, preferred by the Insurer, it is contended that there is delay of 44 days in lodging the FIR and therefore, involvement of the offending vehicle in the accident is doubtful. Such contention raised on behalf of the Insurer is based on surmises and without any material. It needs to be mentioned here that the Insurer did not adduce any evidence in support of their contention to doubt the involvement of offending vehicle, i.e. Motor-cycle bearing registration No.OD-05-G-9028 in the accident. Further, the police upon completion of investigation have submitted the charge-sheet against the driver of the offending motor-cycle alleging commission of offences under Section 279/304-A IPC.

7. On the question of quantification of compensation amount, upon hearing both parties and considering all such grounds of challenge advanced in this regard in both the appeals, a reduced compensation of Rs.50,00,000/- along with interest @6% per annum is proposed to the parties in course of hearing.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 17:48:06

This is agreed by Mr. Mishra, learned counsel for the claimants. Mr. Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

8. In the result, both the appeals are disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 50,00,000/- (Fifty lakhs) along with interest @ 6% per annum with effect 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 claimants on such terms and proportion to be fixed by the Tribunal. The penal interest @12% is waived.

9. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No. 221 of 2023 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

10. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das