Orissa High Court
Divisional Manager vs Bijaya Jena & Ors on 1 August, 2024
Author: B. P. Routray
Bench: B. P. Routray
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 02-Aug-2024 16:57:01
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.168 of 2022
Divisional Manager, Oriental .... Appellant
Insurance Co.Ltd.
Mr.G.P.Dutta, Advocate
-versus-
Bijaya Jena & Ors. .... Respondents
Ms.D.Mohapatra, Advocate for R 1 & 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
01.08.2024
Order No.
06. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Dutta, learned counsel for the Appellant and
Ms.Mohapatra, learned counsel for Respondents 1 & 2.
3. Present appeal by the Insurer is directed against
judgment dated 24th January 2022 of Additional District Judge-
cum-8th MACT, Ganjam passed in M.A.C. Case No.514 of 2014,
wherein compensation to the tune of Rs.8,84,000/- has been
granted along with interest @6% 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 26th May 2009.
4. Mr.Dutta submits that the FIR was lodged five months
after the accident impleading the offending motor-cycle and
therefore, the involvement of the offending motor-cycle in the
accident is doubtful. It is further submitted that the Tribunal has
Location: High Court of Orissa, Cuttack
committed serious errors in computing the compensation amount,
which needs to be interfered with.
5. The accident took place on 26th May 2009 and the FIR
was lodged on 24th October 2009. But prior to that police has
conducted the enquiry by registering the UD case where the dead
body of the deceased was sent for post-mortem examination after
holding inquest. During pendency of the enquiry since the FIR
was lodged, the investigation was accordingly conducted and
finally charge-sheet was submitted against the offending motor-
cycle bearing registration No.OR-07-N-3159. This part of
submission of charge-sheet against the accused driver of the
offending vehicle is not questioned by the Insurer.
6. It is seen that the father of deceased has been examined
as P.W.1. The Insurance Company did not adduce any evidence
except marking signature of P.W.1 in the inquest report. It is
contended on behalf of the Insurer that P.W.1 had made a
statement during inquest that the deceased died due to slip from
the motor-cycle bearing registration No.OAU-4920 while
travelling therein as a pillion rider. The reliance put forth by the
Insurer on such statement of P.W.1 made in course of the inquest
has lost its sanctity being not confronted to him during his corss-
examination and in view of the submission of charge-sheet by
police against the driver of the offending motor-cycle. By mere
confrontation of the signature of the witness in the inquest report
does not prove the contents thereof to be utilized in evidence. As
such, no force remains in the contention of the Appellant to
dispute involvement of offending motor-cycle bearing
registration No.OR-07-N-3159 in the accident.
Location: High Court of Orissa, Cuttack
7. Next coming to the question on quantum of
compensation, it is seen that the Tribunal has committed many
errors, such as deducting 1/4th instead of one-half from income of
the deceased, and applied the minimum wage rate prescribed in
2015 though the accident took place on 2009 and other mistakes.
In the circumstances, taking the income of the deceased at
Rs.3000/- per month and adding the future prospect to the extent
of 40% with deduction of 50% towards personal expenses and
applying other principles settled in the case of National
Insurance Co. Ltd vrs Pranay Sethi & Ors, (2017) 16 SCC 680,
the final compensation is determined at Rs.4,75,000/- payable
along with interest @6% per annum.
8. In the result, the appeal is disposed of with a direction
to the Insurer-Appellant to deposit the compensation of
Rs.4,75,000/- (Four lakhs seventy five thousand) along with
interest @ 6% per annum with effect from the date of filing of the
claim application 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.
9. 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.
10. Urgent certified copy of this order be granted on
proper application.
(B.P. Routray)
Judge
S.Das
