D.M vs Siba Prasad Ghosh And
2025 Latest Caselaw 876 Ori

Orissa High Court

D.M vs Siba Prasad Ghosh And on 4 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           MACA No.612 of 2025

        D.M., M/s. Reliance
        General Insurance
        Company Ltd., Mumbai                 ....                   Appellant
                                                  Mr. S.K. Mohanty, Advocate


                              -versus-
        Siba Prasad Ghosh and    ....                               Respondents
        Others
                                                    Mr. R.P. Kar, Sr. Advocate with
                                               Mr. A.K. Dash, Advocate for R-1




                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                            ORDER

04.07.2025 I.A. No.1373 of 2025 Order No.

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

2. Heard learned counsel for the parties.

3. Considering the grounds taken, the delay in filing the appeal is condoned subject to payment of cost of Rs.3000/- to be paid before the Orissa High Court Bar Association Welfare Fund by 08.07.2025.

4. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O. // 2 //

1. Heard Mr. S.K. Mohanty, learned counsel appearing for the Appellant-Company and Mr. A.K. Dash, learned counsel appearing for the Respondent No.1 -Claimant.

2. This appeal has been filed by the Appellant- Company challenging Judgment dtd.13.12.2023 so passed by the learned Addl. District Judge-cum-4th MACT, Angul in MAC Case No.69 of 2019. Vide the said Judgment, the Tribunal assessed the compensation at Rs.22,87,652/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

2.1. Learned counsel for the Appellant-Company contended that while assessing the compensation at Rs.22,87,652/-, the Tribunal never take into consideration as to whether the offending vehicle bearing Registration No.OR-19-L-0927 caused the accident on 19.12.2018 and whether due to the rash and negligent driving of the accused driver, accident occurred, causing injury to the injured. 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.

// 3 //

2.2. In support of the appeal, learned counsel for the appellant-company further contended the tribunal while awarding compensation never take into consideration that the FIR was lodged after 10 days of the accident. It is also contended that award of compensation of Rs.7,08,000/- towards loss of income and compensation of Rs.3,54,000/- towards future income while the claimant was aged about 70 years at the time of accident, is on the higher side.

2.3. Making all these submissions learned counsel appearing for the Appellant-company contended that had the Tribunal properly appreciated the stand of the Appellant, 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.

3. Even though Mr. R.P. Kar, learned Senior Counsel appearing for the Claimant-Respondent No.1 along with Mr. A.K. Dash, learned counsel supported the impugned award, but in course of hearing contended that the Claimant-Respondent No.1 will have no grievance, if the compensation amount will be reduced to Rs.20,00,000/- , with interest @ 6% per annum payable from the date of application till its realization.

4. Mr. S.K. Mohanty, learned counsel appearing for the Appellant-Company left the aforesaid proposition

// 4 //

made by the learned counsel for the Claimant- Respondent No.1 to the discretion of this Court.

5. Having heard learned counsel appearing for the Parties, considering the submissions made and in view of the fact that this Court while interfering with the impugned Judgment dtd.13.12.2023 is inclined to reduce the same and held the Claimant-Respondent No.1 entitled to get compensation amount of Rs.20,00,000/- 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, learned tribunal shall do well to disburse the amount proportionately in terms of the judgment dated 13.12.2023 in favour of the Claimant-Respondent No.1.

5.1. 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.20,00,000/- 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.

// 5 //

5.2. It is observed that only after deposit of the amount as directed, appellant will be permitted to take refund of the statutory deposit along with accrued interest if any from the Registry on proper identification.

6. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack Date: 07-Jul-2025 13:57:13