Orissa High Court
Divisional Manager vs Sukadeb Mohanty And Others on 27 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.760 of 2022 & MACA No.680 of 2022
In MACA No.760 of 2022
Divisional Manager, M/s.Oriental .... Appellant
Insurance Co. Ltd.
Mr. N.B. Das, Advocate
-versus-
Sukadeb Mohanty and others .... Respondents
Mr. S.B. Das, Advocate for Respondent Nos.1 to 3
In MACA No.680of 2022
Sukadeb Mohanty and others .... Appellants
Mr. S.B. Das, Advocate
-versus-
Surendra Mandal and another .... Respondents
Mr. N.B. Das, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
27.03.2023
Order No.
MACA No.760 of 2022 and MACA No.680 of 2022
03. 1. Heard Mr. N.B. Das, learned counsel for the Insurance
Company and Mr. S.B. Das, learned counsel for the claimants.
2. Both the appeals being arise out of the common judgment
dated 29.08.2022 of learned 2nd MACT, Cuttack in Misc. Case
No.459 of 2018, wherein compensation to the tune of
Rs.10,24,889/- has been granted along with interest @7% per
annum to the claimants from the date of filing of the claim
application, i.e.25.6.2018 on account of death of the deceased in a
motor vehicular accident dated 29.3.2018, are heard together and
disposed of by this common order.
3. MACA No.760 of 2022 has been filed by the insurer
challenging the award and MACA No.680 of 2022 has been filed
by the claimants praying for enhancement of the compensation
amount.
4. It is submitted on behalf of the insurer that since the accident
was by front collision between the motorcycle and the offending
Truck, contributory negligence should be fixed on the deceased as
driver of the motorcycle.
5. It is seen that no evidence has been adduced from the side of
the Insurance Company. On the other hand, the Police upon
completion of investigation have submitted the charge-sheet
against accused-driver of the offending Truck bearing
Registration No.OD-29-D-9939. The other injured (claimant in
the connected case) being an eye-witness has clearly deposed
about negligence of the driver of the offending Truck in causing
the accident, which was not rebutted in his cross-examination. As
such, no merit is seen in the contention of the Insurance Company
to contribute negligence on the deceased.
6. With regard to quantum of compensation, no forceful ground
is seen to interfere with the same either from the side of the
Insurance Company or from the side of the injured-claimant.
However, the rate of interest is reduced to '6%' from '7%'.
7. In the result, both the appeals are disposed of with a direction
to the insurer i.e. Oriental Insurance Co. Ltd. to deposit the
compensation amount of Rs.10,24,889/- (rupees ten lakhs twenty-
four thousand eight hundred eighty-nine) before the Tribunal
along with interest @6% per annum from the date of filing of the
claim application, i.e. 25.6.2018 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. 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.760 of
2022 before this Court with accrued interest thereon shall be
refunded to the Insurance Company.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
