Orissa High Court
Branch Manager vs Kuna Sahu & Anr on 5 September, 2023
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Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2023 11:31:22
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.322 of 2019
Branch Manager, National Insurance .... Appellant
Co.Ltd.
Mr.S.Nayak, Advocate
-versus-
Kuna Sahu & Anr. .... Respondents
Mr.D.Mohanty, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
05.09.2023
Order No.
08. 1. The matter is taken up through Hybrid mode.
2. Heard Mr. Nayak, learned counsel for the Appellant
and Mr. Mohanty, learned counsel for the Respondent Nos. 2 &
3. Present appeal by the Insurer is directed against
judgment dated 27th December, 2018 of 1st Additional District
Judge-cum-4th MACT, Ganjam in M.A.C. Case No.167 of 2014,
wherein compensation to the tune of Rs.6,04,400/- has been
granted along with interest @7% 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 23rd March, 2014.
4. Mr.Nayak submits that the driver of the offending
vehicle i.e. Auto-rickshaw bearing registration No. OR-07-W-
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Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2023 11:31:22
2855 was not authorized to drive the same in absence of any
endorsement in his driving license regarding transport vehicle.
5. It is not disputed that the accused driver of the
offending vehicle had valid license for light motor-vehicle. In
Mukund Dewangan -vrs- Oriental Insurance Co.Ltd., (2017) 14
SCC 663, Hon'ble Supreme Court have held that, the definition
of 'light motor vehicle' includes a transport vehicle of the given
class and weight and can be driven by holder of license to drive
light motor vehicle and no separate endorsement is required to
drive such transport vehicle. As such, the contention of
Mr.Nayak to dispute the validity of driving license on the part of
the driver of the offending vehicle is rejected.
5. Mr.Nayak further disputes that the age of the deceased
was more than 55 years and therefore, the applied multiplier is
not correct multiplier. But it is seen that no evidence has been
adduced from the side of the Insurer. The Tribunal based on the
post-mortem report and inquest report has determined the age of
the deceased as 55 years at the time of accident and applied
multiplier 11. The approach of the Tribunal is found without any
infirmity in absence of any contrary material produced regarding
age of the deceased and the same is confirmed by this Court. No
further reason is seen to disturb the findings of the Tribunal
regarding determination of compensation amount.
6. In the result, the appeal is dismissed and Insurer-
Appellant is directed to deposit entire compensation amount as
directed by the Tribunal along with interest from the date of
filing of the claim application within a period of two months
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Sep-2023 11:31:22
from today; where-after the same shall be disbursed in favour of
the claimants on same terms and proportion as contained in the
impugned judgment.
7. The statutory deposit made by the Appellant with
accrued interest thereon shall 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
S.Das
