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Bikram Prasad v. the Divisional Manager, D.O-Ii, M/S Oriental Insurance Co. Ltd.

Orissa HC19 Apr 2023MACA/49/2021

Case brief

AI extract

What is this about?

The Court dismissed two appeals relating to the Motor Vehicles Act compensation claim. Rejecting the insurer's new allegations without admissible evidence, the Court approved the claimants' reduced claim amount, directing the insurer to deposit Rs.80,25,479 with interest.

What did the court decide?

Affirmed the claimants' prayer for Rs.80,25,479. Surrendered a revised asserted income figure. Directed payment of compensation with simple interest from 22.01.2014, waiving penal interest, and ordere

Bikram Prasad Vs the Divisional Manager, D.O-Ii, M/S… — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.168 of 2021 & MACA No.49 of 2021

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In MACA No.168 of 2021

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Oriental Insurance Co. Ltd. …. Appellant Mr. P.K. Mahali, Advocate

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Bikram Prasad and others …. Respondents Mr. A.K. Otta, Advocate for Respondent Nos.1 to 3

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In MACA No.49 of 2021

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Bikram Prasad and others

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…. Appellants Mr. A.K. Otta, Advocate

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-versus-

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The Divisional Manager, D.O.-II, M/s.Oriental Insurance Co. Ltd. and another

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…. Respondents

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Mr. P.K. Mahali, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER 19.04.2023

Order No.

1. Heard Mr. P.K. Mahali, learned counsel for the Insurance Company and Mr. A.K. Otta, learned counsel for the claimants.

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2. Both the appeals being arise out of same impugned judgment dated 30.09.2020 of learned 1^st MACT, Cuttack in M.A.C. Case No.36 of 2014, wherein compensation to the tune of Rs.96,99,904/- has been granted along with simple interest @6%

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per annum to the claimants from the date of filing of the claim application, i.e. 22.01.2014 on account of death of the deceased in

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Page 1 of 4

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a motor vehicular accident dated 10.01.2014, are heard together and disposed of by this common order.

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3. MACA No.168 of 2021 has been filed by the insurer challenging the award and MACA No.49 of 2021 has been filed by the claimants praying for enhancement of the compensation amount.

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4. Mr. P.K. Mahali, learned counsel for the insurance company submits that the offending vehicle, i.e.Truck bearing Registration No.OR-05-W-4287 has been falsely implicated in the case though is not involved in the accident. It is submitted that the offending vehicle was involved in 14 other cases in relation to compensation under the M.V. Act.

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5. It is seen that no evidence was adduced from the side of the insurer before learned Tribunal and also no document has been produced before this Court by way of additional evidence. What is submitted now on behalf of the insurer was not brought on record and the Police upon completion of investigation has submitted the charge-sheet stating involvement of the offending vehicle in the accident and against its driver for commission of offences under Sections 279/304-A, I.P.C. along with Section 187 of the M.V. Act. Therefore, no merit is seen in the contention of the insurer to disbelieve the involvement of the offending vehicle in the accident.

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Page 2 of 4

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6. With regard to quantum of compensation, it is submitted that the income of the deceased has been taken on higher side which should not be more than Rs.5,32,733/- per annum.

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7. Mr. Mahali further contends that the share of dependants in the business of the deceased has been increased after his death. In this regard, Mr. Mahali submits some documents to be considered on record. But in absence of any prayer to adduce additional evidence, as stated above, no such material can be taken on record at this stage.

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8. However, Mr. A.K. Otta, learned counsel for the claimants agrees for limiting the income of the deceased to Rs.5,32,733/per annum. Computing on the same the loss of dependency, with addition of future prospects to the extent of 40% and deduction of personal expenses by 1/3^rd , comes to Rs.79,55,479/-. Adding Rs.70,000/- towards general damages thereto including loss of parental consortium to the minor daughter, total compensation amount is determined at Rs.80,25,479/-, payable along with interest @6% per annum.

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9. In the result, both the appeals are disposed of with a direction to the insurer i.e. Oriental Insurance Company Limited to deposit the modified compensation amount of Rs.80,25,479/- (rupees eighty lakhs twenty-five thousand four hundred seventy-nine) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 22.01.2014, within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion

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Page 3 of 4

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to be fixed by the Tribunal. However, the direction for payment of penal interest is waived.

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10. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No.168 of 2021 before this Court with accrued interest thereon shall be refunded to the Insurance Company.

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11. An urgent certified copy of this order be granted on proper

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application.

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( B.P. Routray)
Judge

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B.K. Barik

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Page 4 of 4

Bikram Prasad v. the Divisional Manager, D.O-Ii, M/S Oriental Insurance Co. Ltd.

Case brief

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Bikram Prasad v. the Divisional Manager, D.O-Ii, M/S Oriental Insurance Co. Ltd.

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