Bajaj Allianz General Insurance vs Chabila Naik And Others
2023 Latest Caselaw 2247 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.664 of 2020
                 Bajaj Allianz General Insurance
                 Company Ltd.                               ....                  Appellant
                                                                 Mr. G.P. Dutta, Advocate
                                               -versus-
                 Chabila Naik and Others                ....              Respondents
                                        Mr. K.C. Nayak, counsel for Respondents 1&2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

20.3.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. K.C. Nayak, learned counsel for claimant - Respondents 1 & 2.

3. Present appeal by the insurer is directed against the impugned judgment dated 27th February, 2020 of learned 1st MACT, Bargarh passed in MAC Case No.48 of 2015, wherein compensation to the tune of Rs.7,00,300/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 3rd April, 2015 has been granted on account of death of deceased Antaryami Naik in the motor vehicular accident dated 17th December, 2014.

4. The controversy is with regard to involvement of offending vehicle in the accident. The insurer contested the case by adducing oral as well as documentary evidence. O.P.W.1, the witness examined on behalf of the insurer is the officer of the insurance company. Besides the oral evidence, documentary evidences including the copy of complaint petition under Ext.D submitted to police by the insurance company has been adduced to substantiate the stand.

5. The accident took place on 17th December 2014 and the F.I.R. was lodged on 30th January 2015 by claimant No.1, the brother of the deceased (P.W.1). It is explained that the delay occurred due to treatment of the deceased and his funeral ceremony. Banaharpali P.S. Case No.6 of 2015 was registered and upon completion of investigation, charge-sheet was submitted against the driver of the offending vehicle, i.e. motor cycle bearing registration number OD- 23-9018 alleging commission of offences under Sections 279/304-A of I.P.C. and Section 187 of MV Act. The owner in his WS has admitted the accident and involvement of offending vehicle in the accident.

6. What is contended by the insurer that the deceased died due to fall as mentioned in the bed head ticket under Ext.C, is not found substantiated for want of proof. Neither the author of bed-head ticket nor any other credible witness has been examined in support of such contents of the bed-head ticket. A further perusal of the bed head ticket reveals that the word 'RTA' is mentioned in the first page. Therefore, the reliance placed by the insurer on said bed-head ticket under Ext.C to contend the death of the deceased due to fall other than motor vehicular accident is found unsubstantiated.

7. As stated earlier, the police investigation report supports the case of the claimants regarding death of the deceased in motor vehicular accident involving the offending vehicle. So, the preponderance of evidence is seen heavier in support of the claimants to conclude death of the deceased involving the offending vehicle and

as such, the contentions raised on behalf of the insurer are seen without merit.

8. With regard to quantum of compensation, considering the grounds urged in that respect, a reduced compensation of Rs.6,00,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

9. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the reduced compensation of Rs.6,00,000/- (six lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 3rd April 2015, within a period of two months from today, where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and proportion to be decided by learned tribunal. However the penal interest of 9% is waived.

10. The statutory deposit made by the insurer - Appellant 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. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda