Partly allowed

Manager,Legal Icici v. Pankajini Dash

Orissa HC1 Oct 2015MACA/951/2014

Case brief

AI extract

What is this about?

This is an appeal by an Insurance Company against a Motor Accident Claims Tribunal award compensating claimants for a death. The Court modified the awarded compensation from Rs.5,33,400/- to Rs.4,50,000/- as interest of justice was best served by such reduction.

What did the court decide?

Compensation awarded was reduced to Rs.4,50,000/- and modified to be paid by the appellant Insurance Company.

This appeal by the appellant-Insurance Company is directed against the judgment/award d ated 29.4.2014, passed by the 3rd Motor Accident Claims Tribunal, Talcher, in M.A.C. Case No.7 3 of 2010, awarding an amount of Rs.5,33,400/- as compensation along with interest @ 6% per an num from the date of filing of the claim application i.e. 02.11.2010, till payment.

Learned counsel for the appellant-Insurance Company submits that as there was inordinat e delay in lodging the F.I.R. and there was no clear and cogent evidence in support of the fac t that the driver of the vehicle (motorcycle) no.OR-19-A/6158 was rash and negligent in causin g the accident, learned Tribunal erred in ignoring the same and saddling the entire liability on the present appellant, as the insurer of the offending motorcycle. In this regard, it is s ubmitted that as the P.Ws.1 and 4 are not the occurrence witnesses, their evidence could not h ave been relied upon in coming to hold that the driver of the motorcycle was rash and negligen t in causing the accident.

It is further submitted that as there was no evidence on record to show that the deceas ed was earning Rs.4,000/- per month, learned Tribunal erred in accepting the same and assessin g the compensation amount on that basis. It is accordingly submitted that the assessment of th e compensation amount is not proper and justified and the amount awarded is highly excessive. Learned counsel for the claimants-respondent nos.1 to 4, while supporting the impugned award submits, that as there was sufficient materials available on record to show that the rid er of the motorcycle was rash and negligent in causing the accident, no interference is warran ted.

On a perusal of the impugned award, it is seen that the learned Tribunal has taken into consideration the evidence on record, both oral and documentary, including the police papers, in coming to hold that the rider of the motorcycle no.OR-19-A/6158 was rash and negligent in causing the accident, resulting in the death of Anil Kumar Dash, which cannot be faulted. As regard the assessment of the compensation amount, the claimants had claimed that the deceased was working as a driver and was getting Rs.7,000/- per month. In absence of any doc umentary evidence in support of such claim and keeping in view the fact that the deceased was having a driving licence (Ext.9), learned Tribunal has assessed the monthly income of the dece ased at Rs.4,000/-, for calculating the compensation amount payable.

Considering the submissions made and keeping in view the findings of the learned Tribun al given in the impugned award with regard to the quantum of compensation amount awarded and t he basis on which the same has been arrived at, I feel, the interest of justice would be best served, if the awarded compensation amount of Rs.5,33,400/- is modified and reduced to Rs.4,50 ,000/-(rupees Four Lakh Fifty Thousand), which is payable to the claimants along with the awar ded interest. The impugned award is modified to the said extent.

The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs.4,50,000/- along with the awarded interest with the learned Tribunal within 6 weeks hen ce. On deposit of the amount, the same shall be disbursed to the claimants proportionately, as per the direction of the learned Tribunal in the impugned award.

The statutory amount deposited in the Registry of this Court along with the accrued in terest thereon shall be refunded to the appellant-Insurance Company, on production of receipt of deposit of the modified compensation amount and interest with the Tribunal. MACA is accordingly disposed of.

Manager,Legal Icici v. Pankajini Dash

Case brief

What is this about?

What did the court decide?

Manager,Legal Icici v. Pankajini Dash

Case brief

What is this about?

What did the court decide?

What the court decided

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