Orissa High Court
Laxmi Barik @ Laxmilata Pradhan & vs Lulu Barik & Anr on 31 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.624 of 2019 & MACA No.907 of 2019
MACA No. 624 of 2019
Laxmi Barik @ Laxmilata Pradhan & .... Appellants
Ors.
Mr. B.N.Rath, Advocate
-versus-
Lulu Barik & Anr.. .... Respondents
Mr. G.P.Dutta, Advocate for Respondents
MACA No.907 of 2019
The Manager, IFFCO Tokio General .... Appellants
Insurance Co.Ltd.
Mr. G.P.Dutta, Advocate
-versus-
Laxmi Barik @ Laxmilata Pradhan & .... Respondents
Ors.
Mr. B.N.Rath, Advocate
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
31.03.2023
Order No.
07. 1. The matter is taken up through hybrid mode.
2. Heard Mr.Rath, learned counsel for the Claimant-Appellants
and Mr.Dutta, learned counsel for the Insurer.
3. Both the appeals being arise out of the same judgment dated 1st
July, 2019 passed by District Judge-cum-1st Motor Accident Claims
Tribunal, Nayagarh in MAC Case No. 94 of 2017, wherein
compensation to the tune of Rs.11,43,200/- was granted along with
interest @ 6 % per annum to the claimants from the date of filing of
the claim application on account of death of the deceased in the motor
vehicular accident on 27th September, 2017, are heard together and
disposed of by this common order.
4. MACA No. 624 of 2019 has been filed by the Claimants
praying for enhancement of the compensation amount. The same is
not pressed by Mr.Rath.
5. MACA No. 907 of 2019 has been filed by the Insurer
challenging the impugned award.
6. It is submitted that Claimant No.3- Laxman Barik died on the
meantime on 18th January, 2022 and accordingly his name is deleted
from both the appeals, as prayed for, since other LRs of the deceased
are already on record.
7. Mr.Dutta submits that the deceased himself was driving the
motor-cycle and therefore, the Claimants are not entitled for
compensation. Such submission made on behalf of the Insurer is
found without support in view of clear and categorical statement
made by P.W.2 coupled with the police investigation report. As seen
from the evidence of P.W.2, which is supported by the findings of
the police in the investigation report, the case of the Claimants is
established to the effect that the deceased was a pillion rider of the
offending motor-cycle at the time of accident. As such, the finding
of the Tribunal is confirmed.
8. With regard to quantum of compensation, considering all
such ground advanced in that respect, a reduced compensation of
Rs.10,25,000/- along with interest @6% per annum is proposed to
the parties. This is agreed by Mr. Rath, learned counsel for the
claimants. Mr. Dutta, learned counsel for the Insurer leaves it to the
discretion of the Court. As such, the amount is fixed to that extent.
9. In the result, both the appeals are disposed of and the
Insurance Company is directed to deposit the reduced amount of
Rs. 10,25,000/- (Ten lakhs twenty five thousand) along with interest
@ 6% per annum with effect from the date of filing of the claim
application within a period of two months from today; where-after
the same shall be disbursed in favour of the claimants namely,
Laxmi Barik & Chandan Barik on such terms and proportion to be
fixed by the Tribunal.
10. It is made clear that the right of recovery granted in favour of
the Insurer is left undisturbed.
11. The copies of depositions, evidences and police investigation
report as produced in course of hearing are kept on record.
12. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
S.Das
