M/S. Icici Lombard General vs Mariam Tirki & Ors
2023 Latest Caselaw 11622 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 27-Sep-2023 18:13:19




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       MACA No.353 of 2023

                                 M/S. ICICI Lombard General                 ....         Appellant
                                 Insurance Co.Ltd.
                                                                            Mr.A.Dash, Advocate

                                                             -versus-

                                 Mariam Tirki & Ors.                       ....      Respondents
                                                                        Mr.P.K.Mishra, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

25.09.2023 I.A. No. 780 of 2023 Order No.

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

2. Heard Mr.Dash, learned counsel for the Appellant Mr. Mishra, learned counsel for the Respondents.

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

4. The I.A. is disposed of.

MACA No. 353 of 2023

5. Present appeal by the Insurer is directed against judgment dated 20th April, 2022 of District Judge-cum-1st MACT, Deogarh passed in M.A.C. Case No.63 of 2016, wherein compensation to the tune of Rs.22,47,500/- has been granted along with interest @6% per annum with effect from the date of

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2023 18:13:19

filing of the claim application on account of death of the deceased in the motor vehicular accident on 29th July, 2016.

6. Mr.Dash, learned counsel for the Appellant submits that the Claimants are not entitled to interest on future prospect added in the income of the deceased and in support of his contention, he relies on one decision rendered by Gauhati High Court in the case of Oriental Insurance Co.Ltd.-vrs-Champabati Ray, 2019 SCC Online GAU 4489 and another decision of Jammu & Kashmir High Court in the case of National Insurance Co.Ltd-vrs-M/S. Ayisha Banu & Ors, MAC APP No. 33 of 2022, decided on 14th July, 2023.

7. The contentions so advanced by Mr.Dash are seen without force in view of the decision rendered by Hon'ble Supreme Court in National Insurance Co. Ltd vrs Pranay Sethi & Ors, (2017) 16 SCC 680. Accordingly, addition of future prospect to the extent of 50% in compensation amount is confirmed, including interest component, as directed by the Tribunal.

8. In the result, the appeal is dismissed and the Insurer- Appellant is directed to deposit entire compensation amount along with interest as per direction of the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal. Nevertheless, the direction for penal interest @12% is waived.

9. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2023 18:13:19

and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge S.Das