Orissa High Court
The Sr. Divisional Manager vs Bibhuti Bhusan Nanda And Another ... on 14 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.852of 2019
MACA No.852 & 917 of 2019
The Sr. Divisional Manager,
United India Insurance Co. Ltd. (in MACA No.852/2019)
Bibhuti Bhusan Nanda (in MACA No.917/2019)
.... Appellants
Mr. Ramesh Chandra Sahoo-1, Advocate
(in MACA No.852 of 2019)
Mr. Pradeep Kumar Mishra, Advocate
(in MACA No.917 of 2019)
-versus-
Bibhuti Bhusan Nanda and Another (In MACA No.852/2019)
M/s. Metalloy and Chemicals,
Paradeep and Another (In MACA No.917/2019)
.... Respondents
Mr. Pradeep Kumar Mishra, counsel for Respondent No.1
(in MACA No.852 of 2019)
Mr. Ramesh Chandra Sahoo-1, counsel for Respondent No.2
(in MACA No.917 of 2019)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
14.3.2023
Order No.
06. 1. The matters are taken up through hybrid mode.
2. Heard Mr. R.C. Sahoo-1, learned counsel for the insurer and
Mr. P.K. Mishra, learned counsel for injured - claimant.
3. Both the appeals being arise out of the same impugned
judgment, are heard together and disposed of by this common order.
4. Present appeals are directed against the impugned judgment
dated 8th July, 2019 of learned 2nd MACT, Cuttack passed in Misc.
Case No.1305 of 2000, wherein compensation to the tune of
Rs.55,000/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 22nd November, 2000 has been
granted on account of injuries sustained by the claimant in the motor
vehicular accident dated 30th March, 2000.
5. MACA No.852 of 2019 has been filed by the insurer
challenging the award. It is submitted on behalf of the insurer that the
insurance policy issued in favour of the offending vehicle has been
cancelled much prior to the accident and therefore the insurance
company is not liable to indemnify the compensation amount.
6. It is seen that neither any pleading has been made before the
tribunal regarding cancellation of the insurance policy nor any
evidence has been led to that effect. However, I.A. No.1607 of 2019
has been filed by the insurer praying to adduce additional evidence.
Two copies of letters dated 11th May, 1999 addressed to the owner
and the RTO have been appended to the I.A. without any proof of
mode of intimation of the same. In absence of any pleading regarding
cancellation of policy taken before the tribunal, which is fairly
conceded by Mr. Sahoo, no opportunity can be granted in favour of
the insurer at this stage to adduce additional evidence. Accordingly,
the prayer to adduce additional evidence is rejected. Consequently, the
contention raised by the insurer on this score is also rejected.
7. With regard to quantum of compensation amount, MACA
No.917 of 2019 has been filed by the injured - claimant praying to
enhance the compensation amount. Considering the nature of injuries
that resulted with sustenance of permanent physical disablement to the
extent of 45% by the injured, which though did not affect his future
income as a teacher in Government School, and the cost of medical
expenses along with sufferings, the amount of compensation is
enhanced to Rs.1,00,000/-, payable along with interest @ 6% per
annum.
8. In the result both the appeals are disposed of with a direction to
the insurer, i.e. United India Insurance Company Ltd. to deposit the
modified compensation amount of Rs.1,00,000/- (one lakh) before the
tribunal along with interest @ 6% interest from the date of filing of
claim application, 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.
9. The statutory deposit made by the insurer - Appellant in MACA
No.852 of 2019 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.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
