Cholamandalam Ms General vs Neha Agrawal & Anr
2025 Latest Caselaw 678 Ori

Orissa High Court

Cholamandalam Ms General vs Neha Agrawal & Anr on 15 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                   MACA No.952 of 2024
Cholamandalam Ms General          .....     Appellant
Insurance Company Ltd., BBSR            Mr. G.P. Dutta, Advocate
                             -versus-
Neha Agrawal & Anr.             .....    Respondents
                                                Mr. P.K. Nayak, Advocate
                                                  (Respondent No. 1)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

15.05.2025 Order No.07

1. This matter is taken up through hybrid mode.

2. Heard Mr. G.P. Dutta, learned counsel appearing for the Appellant-Company and Mr. P.K. Nayak, learned counsel appearing for Claimant-Respondent No. 1.

3. The present appeal has been filed by the Appellant-Company challenging Judgment dtd.23.02.2024 so passed by the learned 2nd MACT (Northern Division), Sambalpur in MAC Case No. 40 of 2021. Vide the said Judgment the Tribunal assessed the compensation at Rs.43,03,864/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

4. In support of the appeal, learned counsel appearing for the Appellant-Company contended that even though from Ext. A & B it is evident that the accident occurred due to contributory negligence of the drivers of both the vehicles, but the Tribunal wrongly held that the accident caused due to rash and negligent driving of the

driver of the truck bearing Regd. No. CG-15-DF-9871 and held the Appellant liable to pay the compensation.

4.1. It is also contended that even though disability of the Injured- Respondent was found at 30% permanent with regard to her right eye, but the Tribunal committed wrong by taking the same as 35% functional disability.

4.2. It is also contended that though the business of the Injured- Respondent No. 1 is still ongoing, but the Tribunal wrongly awarded Rs.1,89,078/- towards loss of future earning, which is not sustainable in the eye of law.

4.3. Making all these submissions learned counsel appearing for the Appellant contended that had the Tribunal properly appreciated the aforesaid contention of the learned counsel for 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.

5. Even though Mr. P.K. Nayak, learned counsel appearing for the Claimant-Respondent No. 1 though supported the impugned order, but in course of hearing contended that if this Court will allow compensation amount of Rs.38,00,000/- along with 6%, the Injured- Respondent No. 1 will have no grievance.

6. Mr. G.P. Dutta, learned counsel appearing for the Appellant- Company left the aforesaid proposition made by the learned counsel for the Claimant-Respondent No. 1 to the discretion of this Court.

7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while interfering with

the impugned Judgment dtd.23.02.2024, held the Claimant- Respondent No. 1 entitled to get compensation amount of Rs.38,00,000/- along with interest @ 6% per annum, payable from the date of filing of the claim application till its realization. This Court accordingly while holding so, directs the Appellant-Company to deposit compensation amount of Rs.38,00,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization 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 Claimant-Respondent No. 1 in terms of the Judgment passed on 23.02.2024.

7.1. 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.38,00,000/- shall carry interest @ 7% per annum for the period starting from the expiry of the period of eight (8) weeks till its payment.

7.2. On such deposit of the amount, the Appellant-Company shall be permitted to take back the statutory deposit along with accrued interest if any from the Registry on proper identification.

8. The appeal is accordingly disposed of.

Signed by: SNEHANJALI PARIDA (BIRAJA PRASANNA SATAPATHY)

Location: High Court of Orissa, Cuttack Judge Date: 27-May-2025 16:11:25 Sneha