The Manager vs Shri Jhuba Toppo And Others
2023 Latest Caselaw 4915 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MACA No.167 of 2022
            The Manager,
            SBI General Insurance Company
            Limited                                    ....          Appellant
                                                      Mr.G.P.Dutta, Advocate

                                          -versus-


            Shri Jhuba Toppo and others           ....      Respondents
                        Mr.B.B.Singh, Advocate for Respondent Nos.1 &2

                         CORAM:
                         SHRI JUSTICE B. P. ROUTRAY
                                        ORDER

2.5.2023 Order No.

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

2. Heard Mr. Dutta, learned counsel for the Appellant- Insurer and Mr. Singh, learned counsel for Claimants-Respondent No.1 & 2.

3. Present appeal by the Insurer is directed against the judgment dated 5th January, 2022 of the Motor Accidents Claims Tribunal-I, Balasore in M.A.C. Case No.310 of 2015, wherein compensation to the tune of Rs.4,70,000/- has been granted along with interest @7.5% 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 dated 23rd May, 2015.

4. Mr. Dutta submits that the driver of offending vehicle i.e. Tipper bearing Registration No.OR-14R-6730 did not have a valid license on the date of accident. His D.L. expired since 21st

June, 2014. In support of his contention, Mr.Dutta relies on Ext.B.

5. Conversely, Mr.Singh submits that the license of the accused driver was valid without any trace of doubt. By relying on Ext.2/g, it is stated that the license of the accused driver was valid till 20th April 2018 covering the date of accident, i.e. on 23rd May 2015.

6. I perused and compared the copies of Ext.B vis-à-vis Ext.2/g, produced by both parties. It is found difficult to get which one of them as untrue on their faces. The best competent person i.e. the owner of the vehicle did not come to contest and remained ex parte. In such circumstance, as this Court is unable to form any definite opinion regarding validity of driving license of the accused driver and the owner did not come to contest the case, in the interest of justice, the Insurer is directed to pay the compensation amount with right of recovery against the owner.

7. On the question of quantum of compensation, the amount as directed by the Tribunal is confirmed. However, the rate of interest is reduced to 6%.

8. In the result, the appeal is disposed of with a direction to the Insurer to deposit the entire compensation amount of Rs.4,70,000/- (Four lakhs seventy thousand) along with interest @6% per annum from the date of filing of the claim application within a period of two months from today, which shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

9. 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.

10. Copies of Ext.2/g and Ext.B as produced by both parties in course of hearing are kept on record.

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

( B.P. Routray) Judge

C.R.Biswal

CHITTA Digitally by CHITTA signed

RANJAN RANJAN BISWAL Date: 2023.05.03 BISWAL 14:58:00 +05'30'