Divisional Manager vs Sanjay Swain And Another
2023 Latest Caselaw 2441 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                   MACA No.759 of 2022 & MACA No.681 of 2022
             In MACA No.759 of 2022
            Divisional Manager, M/s.Oriental          ....          Appellant
            Insurance Co. Ltd.
                                                    Mr. N.B. Das, Advocate
                                        -versus-
            Sanjay Swain and another               ....       Respondents
                              Mr. S.B. Das, Advocate for Respondent No.1

            In MACA No.681of 2022
            Sanjay Swain                             ....          Appellant
                                                    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.759 of 2022 and MACA No.681 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.458 of 2018, wherein compensation to the tune of Rs.40,000/- has been granted along with interest @7% per annum to the claimant from the date of filing of the claim application, i.e.25.6.2018 on account of injury sustained by him in a motor

vehicular accident dated 29.3.2018, are heard together and disposed of by this common order.

3. MACA No.759 of 2022 has been filed by the insurer challenging the award and MACA No.681 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 driver of the motorcycle in which the injured was riding as a pillion.

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 has submitted the charge-sheet against accused-driver of the offending Truck bearing Registration No.OD-29-D-9939. The injured-claimant 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-driver of the motorcycle.

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.40,000/- (rupees forty thousand) 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 claimant 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.759 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