Partly allowed

D.M.,T.P.Cell,New India Assurance Co.Ltd. v. Binodini Tripathy

Orissa HC6 Apr 2016MACA/936/2015

Case brief

AI extract

What is this about?

This judgment condones delay in filing an appeal by an Insurance Company against a Motor Accident Claims Tribunal award. Upon review, the Court modifies the compensation amount from Rs.6,60,000 to Rs.6,00,000, directing deposit of the reduced sum.

What did the court decide?

Compensation reduced from Rs.6,60,000 to Rs.6,00,000; appellant directed to deposit reduced amount.

This appeal by the Insurance Company is directed again st the judgment/award dated 14.05.2015, passed by the learned First Motor Accident Claims Trib unal, Puri, in M.A.C. No.368 of 2011, awarding an amount of Rs.6,60,000/- as compensation alon g with interest @ 7.5% per annum from the date of filing of the claim application, i.e., 20.12 .2011, till payment.

Learned counsel for the appellant-Insurance Company submits th at as the F.I.R. lodged by the elder brother of the deceased did not disclose the registration number of the offending vehicle and the inquest report was also silent in that regard, learne d Tribunal erred in holding that the driver of the auto-rickshaw No.OR-02-AV/3367 was rash an d negligent in causing the accident. It is further submitted that it is a clear case of the au to-rickshaw having been planted with the connivance of the police in order to avail compensati on. It is submitted that there being no clear and credible evidence to show that the deceased was working as a driver and earning Rs.3,000/- per month, learned Tribunal has erred in accept ing the same and assessing the compensation amount on that basis. It is submitted that in abse nce of any documentary evidence, learned Tribunal should have taken the minimum wages prevalen t at that point of time to assess the income of the deceased, to compute the compensation amou nt payable.

On a perusal of the impugned award, it is seen that learned Tr ibunal has taken into consideration the evidence available on record, both oral and documentar y, including the police papers, such as, F.I.R. (Ext.1) and Charge-Sheet (Ext.2), in coming to hold that the driver of the offending auto-rickshaw No.OR-02-AV/3367 was rash and negligent i n causing the accident, which resulted in the death of Sitaram Tripathy, which cannot be fault ed.

Coming to the assessment of the compensation amount, it is see n that the claimants had claimed that deceased was working as a driver of City Ride bus and wa s getting salary of Rs.6,000/- per month. The claimants had filed the driving licence of the d eceased and also the certificate issued by the owner of the City Ride bus to show that the dec eased was working as a driver in the said bus and was getting Rs.6,000/-. In absence of any ev idence to the contrary, learned Tribunal has accepted the income of the deceased at Rs,6,000/- and his contribution to the family at Rs.4,000/- per month, for calculating the loss of depen dency.

Considering the submissions made and keeping in view t he quantum of compensation amount awarded and the 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 .6,60,000/- is modified and reduced to Rs.6,00,000/- (Rupees Six lakhs), which is payable to t he claimants along with the awarded interest. The impugned award is modified to the said exten t.

The appellant-Insurance Company is directed to deposit the mod ified compensation amount of Rs.6,00,000/- (Rupees Six lakhs) along with the awarded interest with the learned Tribunal within six weeks hence. On deposit of the said amount, the same shal l be disbursed to the claimants proportionately as per the direction of the learned Tribunal g iven in the impugned award.

The statutory amount deposited in the Registry of this Court along wit h accrued interest thereon shall be refunded to the appellant-Insurance Company, on production of receipt showing deposit of the modified compensation amount and interest before the learne d Tribunal.

D.M.,T.P.Cell,New India Assurance Co.Ltd. v. Binodini Tripathy

Case brief

What is this about?

What did the court decide?

D.M.,T.P.Cell,New India Assurance Co.Ltd. v. Binodini Tripathy

Case brief

What is this about?

What did the court decide?

What the court decided

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