Orissa High Court
Satyabrata Barik (In Maca ... vs Sudhansu Sekhar Dash And Others ... on 1 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.54 of 2015
MACA No.54 of 2015 & 353 of 2015
Satyabrata Barik (in MACA No.54/2015)
M/s. New India Assurance
Company Ltd. represented through
its Divisional Manager (in MACA No.353/2015)
.... Appellants
Mr. Lingaraj Dash, Advocate
(in MACA No.54/2015)
Mr. P. Sinha, Advocate (in MACA No.353/2015)
-versus-
Sudhansu Sekhar Dash and Others (In MACA No.54/2015)
Satyabrata Barik and Others (In MACA No.353/2015)
.... Respondents
Mr. P. Sinha, counsel for Respondent No.3
Mr. A.A. Khan, counsel for Respondent No.4
(in MACA No.54 of 2015)
Mr. Lingaraj Dash, counsel for Respondent No.1
Mr. A.A. Khan, counsel for Respondent No.4
(in MACA No.353 of 2015)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
1.3.2023
Order No.
09. 1. The matters are taken up through hybrid mode.
2. Heard Mr. L. Dash, learned counsel for the injured - claimant,
Mr. P. Sinha, learned counsel for New India Assurance Co. Ltd. and
Mr. A.A. Khan, learned counsel for Bajaj Allianz General Insurance
Co. Ltd.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. Present appeals are directed against the impugned judgment
dated 15th December, 2014 of learned 2nd MACT, Cuttack passed in
Misc. Case No.931 of 2005, wherein compensation to the tune of
Rs.50,000/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 23rd January, 2005 has been granted
on account of injuries sustained by the injured - claimant in the motor
vehicular accident dated 30th September, 2003.
5. MACA No.353 of 2015 has been filed by New India Assurance
Co. Ltd. challenging the award and MACA No.54 of 2015 has been
filed by the injured - claimant praying for enhancement of the
compensation amount.
6. First dealing with the challenge advanced by the insurance
company, as per the submissions made by Mr. Sinha, the insurance
policy of the offending vehicle stands in the name of another person
than the owner who is impleaded in the claim application and
secondly, contributory negligence should be attributed to the injured
himself who was driving the motor cycle at the time of accident.
7. Such contentions raised by Mr. Sinha has no merit and rejected
outright since it remains undisputed that the vehicle was transferred to
the present owner prior to the accident. Further, in absence of any
evidence led from the side of the insurance company and the
categorical evidence given by the eye witnesses of the accident to
attribute negligence on the offending car bearing registration number
OR-02-H-5726 entirely, no ground is seen in favour of the contention
of Mr. Sinha.
8. With regard to quantum of compensation it is seen that while
granting compensation the tribunal has not counted any loss of future
income though the injured suffered with physical disability as per the
disability certificate under Ext.7. Considering the same and
considering the fact that the compensation amount as per directions of
the tribunal has not been paid till date, a modified consolidated sum of
Rs.3,00,000/- is proposed to the parties. This is agreed by Mr. Dash,
learned counsel for the injured - claimant and Mr. Sinha, learned
counsel for the insurer leaves it to the discretion of the court.
Accordingly the compensation amount is fixed to said extent.
9. In the result both the appeals are disposed of with a direction to
the insurer, i.e. New India Assurance Co. Ltd. to deposit the modified
consolidated sum of Rs.3,00,000/- (three lakhs) before the tribunal,
within a period of two months from today; where-after the same shall
be disbursed in favour of the injured - claimant on such terms and
proportion to be decided by the learned tribunal.
10. The statutory deposit made by the insurer - Appellant in MACA
No.353 of 2015 before this court along with accrued interest be
refunded on proper application and on production of proof of deposit
of the awarded amount before the tribunal.
11. The copy of Ext.7 as produced in course of hearing is kept on
record.
12. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
