Manager (Legal) vs Minati Sahoo And Others
2024 Latest Caselaw 12913 Ori

Orissa High Court

Manager (Legal) vs Minati Sahoo And Others on 8 August, 2024

Author: B. P. Routray

Bench: B. P. Routray

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.537 of 2023
                 Manager (Legal), M/s. Oriental
                 Insurance Co. Ltd., Alok Bharati
                 Towers, Sahid Nagar, Bhubaneswar          ....         Appellant
                                                        Mr. A.A. Khan, Advocate
                                             -versus-
                 Minati Sahoo and Others                 ....       Respondents
                                Mr. P.K. Mishra, counsel for Respondents 1 to 5
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

8.8.2024 Order No.

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

2. Heard Mr. A.A. Khan, learned counsel for the Insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 3rd February, 2023 of learned District Judge-cum-1st MACT, Jagatsinghpur passed in MAC Case No.241 of 2017, wherein compensation to the tune of Rs.46,45,796/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 27th December, 2017 has been granted on account of death of deceased Sudarsan Sahoo in the motor vehicular accident dated 13th September, 2016.

4. Mr. Khan submits that the offending vehicle, i.e. motor cycle bearing registration number OD-05-R-4108 is not involved in the accident but the deceased himself was responsible for the death since he dashed against the Varendah of the house of one of the villagers. In

support of his contention Mr. Khan places reliance on the contents of the F.I.R. dated 13th September, 2016.

5. It is seen that the insurer did not adduce any evidence on its part despite all such contentions raised at this stage. The insurer even did not produce a copy of the FIR before the tribunal. On the other hand the Police upon completion of investigation has submitted the charge- sheet against the offending vehicle and its driver stating their involvement in the accident. Therefore, in absence of any material and evidence produced on record from the side of the insurer, such contention raised at this stage by the insurer is rejected.

6. On the question of quantum of compensation, Mr. Khan submits that the same is liable to be reduced for such grounds mentioned in the appeal like deduction of income tax and group insurance benefits. Considering all such grounds as advanced on behalf of the insurer, a reduced compensation of Rs.42,00,000/- with 6% interest is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the modified compensation of Rs.42,00,000/- (forty two lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 27th December, 2017, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondents on such terms and conditions to be fixed by the learned tribunal.

8. However the penal interest @ 9% is waived.

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

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

( B.P. Routray) Judge M.K.Panda