Manager Legal Claims vs Geetanjali Pattnaik And Others
2023 Latest Caselaw 2521 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.463 of 2016

            Manager Legal Claims,
            National Insurance Co. Ltd.               ....         Appellant
                                                     Mr.M.Sinha, Advocate


                                         -versus-


            Geetanjali Pattnaik and others              ....       Respondents
                       Mr.B.K.Behera-1, Advocate for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

28.3.2023 Order No.

4. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Sinha, learned counsel for the Appellant- Insurer and Mr.Behera-1, learned counsel for claimants- Respondent Nos.1 to 3.

3. Present appeal by the Insurer is directed against the judgment dated 4th December, 2015 of the Addl. District Judge- cum-3rd M.A.C.T., Phulbani, in M.A.C. No.27 of 2014, wherein compensation to the tune of Rs.28,17,821/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 31st October, 2013.

4. It is submitted on behalf of the Appellant that since the deceased was the driver of other motorcycle, he has contributed negligence for the cause of accident and as such, the present Insurance Company, who is Insurer of motorcycle bearing Registration No. OD-12-2293 (the offending motorcycle), should be saddled up to 50% of the amount.

5. It is seen that the owner did not come to contest and was set ex parte. No evidence was adduced from the side of the Insurance Company, except the report prepared by the police during investigation. P.W.2 is the eye-witness, who has narrated the accident stating negligence on the part of the driver of the offending motorcycle entirely. Therefore, in absence of any evidence led from the side of the owner or the Insurance Company to dispute such evidence of P.W.2, their contention to contribute negligence on the deceased is rejected. Moreover, the police did not notice any negligence on the part of the deceased while submitting charge-sheet against the driver of offending motorcycle for commission of offence under Sections 279/337/ 338/304-A, I.P.C. Thus, no such ground is seen either on extent of liability to interfere with or on quantification of compensation amount to reduce the same in favour of Insurance Company.

6. In the result, the appeal is dismissed and the Appellant- Insurer is directed to deposit entire compensation amount before the Tribunal including interest within a period of two months from today, which shall be disbursed in favour of the claimants in same terms and proportion as contained in the impugned judgment.

7. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal