Partly allowed

National Insurance Co.Ltd. v. Jayanti Dash

Orissa HC19 Nov 2019MACA/115/2018

Case brief

AI extract

What is this about?

The Insurance Appellant challenged a motor accident compensation award. The Court allowed a compromise by suggesting the award be modified. Parties agreed, confining the amount to Rs. 51,00,000/- pending final disposal.

What did the court decide?

The impugned award was modified by confining the amount to Rs.51,00,000/- along with interest and other terms fixed by the Tribunal.

National Insurance Co.Ltd. Vs Jayanti Dash — Insurance | Orissa HC (2019)

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MACA No.115 of 2018

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09. 19.11.2019

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Though this Appeal has been listed on the heading of “Orders”, the same is taken up for final disposal with the consent from learned counsels for both the parties.

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The Insurance Company, i.e. National Insurance Company Ltd., Cantonment Road, Cuttack has preferred this Appeal challenging the award dated 30.08.2017 of Rs.52,99,719/- (Rupees Fifty-Two Lakh Ninety-Nine Thousand Seven Hundred Nineteen) passed by the learned M.A.C.T.-1, Balasore in M.A.C. Case No.174 of 2014.

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Mrs. M. Padhi, learned counsel for the Appellant impugns the award on the following grounds :-

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(1) Though Grade-Pay had been sanctioned in favour of the deceased Sushanta Kumar @ Gopal Das by 01.01.2014, but he having died on 19.04.2014 when such Grade-Pay had not been disbursed in his favour, learned Tribunal erred in calculating the monthly income (salary) of the deceased by adding the Grade-Pay to his monthly salary.

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(2) Learned Tribunal has erred in awarding Rs.12,16,089/- (Rupees Twelve Lakh Sixteen Thousand and EightyNine) towards future prospect of the deceased.

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Learned counsel for the Respondents - Claimants oppugns the submission made by Mrs. Padhi, learned counsel for the Appellant, on the ground that, had the deceased been alive, he would have certainly got the Grade-Pay in his salary as arrear whenever the

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fund for the same would have been made available. In view of such fact, learned Tribunal has committed no error in calculating the monthly salary of the deceased at Rs.32,380/-.

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Secondly, it is submitted by learned counsel for the Respondents - Claimants that, in view of the decision of the Hon’ble Supreme Court in the case of National Insurance Company Limited vrs. Pranay Sethi and Others, 2017 (4) T.A.C. 673 (S.C), learned Tribunal was justified in awarding Rs.12,16,089/- towards future prospect of the deceased.

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Having heard learned counsels for the parties, this Court had suggested the parties to confine the award to Rs.51,00,000/(Rupees Fifty-One Lakh) along with interest and other terms and conditions as have been fixed by the learned Tribunal.

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Learned counsels for both the parties having agreed to the suggestion of this Court, the impugned award dated 30.08.2017 is modified by confining the awarded amount to Rs.51,00,000/- (Rupees Fifty-One Lakh) along with interest as has been saddled by the learned Tribunal on the Insurance Company with the same terms and conditions fixed by the learned Tribunal for the same. On receipt of a certified copy of this order, learned M.A.C.T.-1, Balasore is directed to apportion the award amount proportionately according to his wisdom. On deposit of the awarded amount before the Tribunal and filing of receipt thereof by the Insurance Company along with the application before the Registrar (Judicial) of this Court, the statutory deposit made by the Insurance Company shall be released in its favour. The Appellant - Insurance Company is directed to deposit the awarded amount before the Tribunal

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within eight weeks from today.

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Urgent certified copy of this order be granted as per rules.

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Parida

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………………… C.R. Dash, J.

National Insurance Co.Ltd. v. Jayanti Dash

Case brief

What is this about?

What did the court decide?

National Insurance Co.Ltd. v. Jayanti Dash

Case brief

What is this about?

What did the court decide?

What the court decided

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