The Oriental Insurance vs Basanti Dixit And Others
2024 Latest Caselaw 15310 Ori

Citation : 2024 Latest Caselaw 15310 Ori
Judgement Date : 1 October, 2024

Orissa High Court

The Oriental Insurance vs Basanti Dixit And Others on 1 October, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            MACA No.786 of 2024

        The Oriental Insurance
        Company Ltd.                        ....                    Appellant
                                                        Mr. S. Roy, Advocate

                                         -versus-

        Basanti Dixit and Others
                                            ....                 Respondents
                                        Mr. P.K. Behera, Advocate for R-1 to 3


                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                          ORDER

01.10.2024 I.A. No.1538 of 2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard.

3. This application has been filed seeking time to pay the deficit court fee. Since it is contended that deficit court fee has already been paid, while disposing the I.A., this Court directs office to accept the deficit court fee.

4. I.A. is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge P.T.O. // 2 //

1. Heard.

2. Considering the grounds taken, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

1. Heard Mr. S. Roy, learned counsel appearing for the Appellant-Company and Mr. P.K. Behera, learned counsel appearing for the Respondents Nos.1 to 3 - Claimants.

2. This appeal has been filed by the Appellant- Company challenging Judgment dtd.21.12.2023 so passed by the learned District Judge-cum-1st MACT, Bhadrak in MAC Case No.111 of 2014. Vide the said Judgment the Tribunal assessed the compensation at Rs.18,03,728/- along with interest @ 7% per annum payable from the date of filing of the claim application till its realization.

// 3 //

3. Learned counsel for the Appellant-Company contended that while assessing the compensation at Rs.18,03,728/-, the Tribunal never take into consideration as to whether the offending Truck bearing Registration No. AP-05-Y-2455 caused the accident on 27.01.2014 and whether due to the rash and negligent driving of the accused driver, accident occurred, causing death of the deceased. It is contended that even though such a plea was taken before the Tribunal by the Appellant-Company, but the same was never taken into consideration while assessing the compensation at Rs.18,03,728/-.

3.1. It is also contended the Tribunal did not take into consideration the stand taken by the Appellant that the offending truck had no valid permit. It is also contended that the Tribunal without proper appreciation wrongly assessed the gross annual income of the deceased at Rs.2,49,806/- basing on the ITRs of previous years. Not only that the Tribunal while assessing the compensation at the higher side, wrongly assessed the compensation towards loss of spousal, filial and parental consortium at Rs.1,20,000/. The Tribunal also awarded interest @ 7% per annum, which is on the higher side

// 4 //

3.2. Making all these submissions learned counsel appearing for the Appellant-company contended that had the Tribunal properly appreciated the stand of the Appellant and assessed the annual income of the deceased properly, the compensation amount so awarded would have been on the lower side. It is accordingly contended that the impugned award is not sustainable in the eye of law and requires interference of this Court.

4. Even though Mr. P.K. Behera, learned counsel appearing for the Claimant-Respondent Nos.1 to 3 supported the impugned award, but in course of hearing contended that the Claimant-Respondent Nos. 1 to 3 will have no grievance, if the compensation amount will be reduced to Rs.15,50,000/-, with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

5. Mr. S. Roy, learned counsel appearing for the Appellant-Company left the aforesaid proposition made by the learned counsel for the Claimant-Respondent Nos.1 to 3 to the discretion of this Court.

6. Having heard learned counsel appearing for the Parties, considering the submissions made and after going through the materials placed, this Court while

// 5 //

interfering with the impugned Judgment dtd.21.12.2023 is inclined to reduce the same and held the Claimants- Respondent Nos.1 to 3 entitled to get compensation amount of Rs.15,50,000/- with interest @ 6% per annum payable from the date of filing of the application till its realization. While holding so, this Court directs the Appellant-Company to deposit the aforesaid compensation amount along with interest within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal shall disburse the same in favour of the Claimants- Respondent Nos.1 to 3 proportionately in terms of the Judgment passed on 21.12.2023.

6.1. However, it is observed that if the amount as directed will not be deposited by the Appellant-Company within the aforesaid time period of eight (8) weeks, the compensation amount of Rs.15,50,000/- shall carry interest @ 7% per annum for the period starting from the expiry of the period of eight (8) weeks till it is deposited before the Tribunal. Only after deposit of the entire amount before the Tribunal as directed, Appellant-Company shall be permitted to take back the account payee cheque not invested after deposit of the entire amount as directed before the Tribunal.

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7. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack