The Divisional Manager vs Bishnupriya Behera & Ors
2023 Latest Caselaw 7738 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 No. 14 of 2023

                             The Divisional Manager, M/S. Oriental ....          Appellant
                             Insurance Co.Ltd.
                                                                 Mr.P.K.Mahali, Advocate
                                                          -versus-
                             Bishnupriya Behera & Ors.                  ....       Respondents
                                                                     Mr. P.K.Mishra, Advocate


                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                       ORDER

17.07.2023 Order No.

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

2. The deficit Court fee of Rs.12/- is paid in Court and kept on record.

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

4. Present appeal by the Insurer is directed against the judgment dated 23rd September, 2022 passed by District Judge-cum-1st Motor Accident Claims Tribunal, Dhenkanal in MAC Case No. 120 of 2017, wherein compensation to the tune of Rs.74,60,272/- was granted along with interest @ 7 % 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 31st March, 2017.

5. Mr.Mahali, learned counsel for the Appellant submits that the vehicle has been implanted in the accident to manage compensation

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

though not involved in the accident. Such contention raised by the Insurer is rejected outright in absence of any evidence given to that effect. The Insurer did not choose to adduce evidence in support of their stand except filing the copies of police papers and insurance policy.

6. Upon hearing both parties on the question of quantum of compensation and considering all such grounds of challenge advanced in this regard, a reduced compensation of Rs.70,85,248/- along with interest @6% per annum is proposed to the parties in course of hearing taking the annual income at Rs.4,61,892/- and deducting tax amount of Rs.23,439/- therefrom. 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.

7. In the result, h the appeal is disposed of with a direction to the Insurer-Appellant to deposit the reduced amount of Rs. 70,85,892/- (Seventeen lakhs eighty five thousand eight hundred ninety two) 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.

8. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

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

( B.P. Routray) Judge

S.Das