Orissa High Court
M/S. Oriental Insurance Co. Ltd vs M/S. Oriental Insurance Co. Ltd on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.992 of 2006
MACA No.992 of 2006 & 25 of 2007
M/s. Oriental Insurance Co. Ltd.,
represented through its D.M., Cuttack (In MACA No.992/2006)
Basanti Mahanta and Others (In MACA No.25/2007)
.... Appellants
Mr. P.K. Panda, Advocate (in MACA No.992/2006)
None is present (in MACA No.25/2007)
-versus-
Basanti Mohanta and Others (In MACA No.992/2006)
M/s. Oriental Insurance Co. Ltd.,
represented through its D.M.,Cuttack (In MACA No.25/2007)
.... Respondents
None (in MACA No.992/2006)
Mr. P.K. Panda, counsel for Respondent
(in MACA No.25/2007)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
9.5.2023
Order No.
11. 1. The matters are taken up through hybrid mode.
2. Heard Mr. P.K. Panda, learned counsel for the insurer. None
appears on call for the claimants despite name of set of lawyers are
indicated in the list.
3. Both the appeals being arise out of same impugned judgment,
are heard together and disposed of by this common order.
4. The appeals are against judgment dated 30th August, 2006 of
learned 1st MACT, Keonjhar passed in MAC Case No.236 of 1991,
wherein compensation to the tune of Rs.1,12,500/- has been granted
on account of death of deceased Ghanashyam Mohanta in the motor
vehicular accident dated 12th May, 1991.
5. MACA No.992 of 2006 has been filed by the insurer
challenging the award and MACA No.25 of 2007 has been filed by
the claimants praying for enhancement of the compensation amount.
6. Mr. Panda, learned counsel submits that the deceased was a
gratuitous passenger in the offending vehicle, i.e. truck bearing
registration number ORJ 3552 at the time of accident.
7. It is the consistent case of the claimants that the deceased was a
coolie engaged in the offending vehicle and in this regard the
claimants adduced oral evidence of two witnesses viz. P.W.1 and
P.W.2 and also relied on the copies of police papers including the
charge-sheet. No evidence was adduced from the side of the insurer
except the Xerox copies of F.I.R. and cover note of insurance policy.
However, the validity of insurance policy on the date of accident in
respect of the offending vehicle is not disputed. The involvement of
the offending vehicle in the accident is also not disputed. So, in
absence of any rebuttal evidence adduced from the side of the insurer
and keeping in view the consistent statement of witnesses examined
from the side of the claimants, their case that the deceased was
travelling in the offending vehicle as a coolie is established and the
tribunal has rightly concluded the same.
9. On the question of quantification of compensation amount, no
ground is seen in favour of either party to disturb the same. However,
the rate of interest is reduced to 6% from 9%.
10. In the result both the appeals are disposed of with a direction to
the insurance company, i.e. Oriental Insurance Company Ltd. to
deposit the entire compensation amount before the tribunal along with
interest as per its direction, within a period of two months from today;
where-after the same shall be disbursed in favour of the claimants on
the same terms and proportion as contained in the impugned
judgment.
11. The statutory deposit made by the insurer - Appellant in MACA
No.992 of 2006 before this court along with accrued interest be
refunded on proper application and on production of proof of deposit
of the awarded amount before the tribunal.
12. The copy of exhibit as produced by Mr. Panda in course of
hearing is kept on record.
13. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Digitally signed by
MANAS KUMAR MANAS KUMAR PANDA
PANDA Date: 2023.05.11
17:47:33 +05'30'
