The Divisional Manager vs Sukanti Palei & Another
2023 Latest Caselaw 11340 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.99 of 2023
                 The Divisional Manager, M/s. The
                 United India Insurance Co. Ltd.,
                 College Square, Malgodown, Cuttack         ....           Appellant
                                                   Mr. S.K. Mohanty, Advocate
                                           -versus-
                 Sukanti Palei & Another                 ....       Respondents
                                  Mr. P.K. Mishra, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

15.9.2023 Order No. I.A. No.174 of 2023

02. 1. The matter is taken up through hybrid mode.

2. Heard Mr. S.K. Mohanty, learned counsel for the Appellant - insurer and Mr. P.K. Mishra, learned counsel for injured - claimant.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

I.A. No.1549 of 2023

03. 5. Claimant being the cross-objector is exempted from payment of court fee for the time being.

6. The I.A. is disposed of.

MACA No.99 of 2023

04. 7. Present appeal by the insurer is directed against the impugned common judgment dated 22nd June, 2022 of learned Member, 1st

M.A.C.T., Dhenkanal passed in MAC No.75 of 2017 and MAC No.76 of 2017. Present appeal is in respect of MAC No.76 of 2017, wherein compensation to the tune of Rs.9,95,920/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 23rd March 2017 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 25th March 2016.

8. Mr. Mohanty, learned counsel submits on behalf of the insurer that the driver of the other auto-rickshaw involved in the accident had contributed negligence and therefore the liability for compensation amount should be shared accordingly. He further submits that the loss of future income has been assessed on higher side.

9. On the other hand, the injured - claimant has prayed for enhancement of the compensation amount by way of addition of future prospect and loss of amenities.

10. Admittedly, the insurer did not adduce any evidence on their behalf and could not be able to elicit anything from the evidence of P.W.1 who is an eye witness of the accident, to substantiate their contention about contributory negligence. The police upon completion of investigation have submitted charge-sheet against the driver of the offending vehicle, i.e. auto-rickshaw bearing registration number OD-06- B-6725 wherein the injured was travelling as a passenger. Therefore the contention of Mr. Mohanty at this stage to contribute negligence on the part of the driver of the other auto-rickshaw is found without merit and hence rejected.

11. On the question of quantum of compensation, it is seen that the injured was a woman aged about 45 years on the date of accident and she

suffered amputation of leg above knee. The tribunal taking her income as an unskilled labourer has computed the loss of income. But it has failed to add future prospect on the same. Thus adding future prospect to the extent of 25% of the income and granting an amount of Rs.50,000/- towards loss of amenities of life, the compensation amount is enhanced to Rs.12,64,320/-, payable along with interest @ 6% per annum. It is needless to mention here that no reason is seen in favour of the insurer to reduce the compensation amount on any count.

12. In the result the appeal is disposed of with a direction to the insurer

- Appellant to deposit before the tribunal the modified compensation of Rs.12,64,320/- (twelve lakhs sixty-four thousand three hundred twenty) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 23rd March, 2017, within a period of two months from today; where-after the same shall be disbursed in favour of the injured claimant on such terms and proportion to be decided by the learned tribunal.

13. The statutory deposit made by the Appellant before this court along with accrued interest thereon shall be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal.

14. An urgent certified copy of this order be issued as per rules.

(B.P. Routray) Judge M.K. Panda Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack