Allowed

Manja Munda v. Ravi Sondhi

Orissa HC13 Feb 2023MACA/771/2003

Case brief

AI extract

What is this about?

The High Court allowed the appeal, enhancing compensation to Rs. 2,50,000 for a pedestrian injured in a motor accident. The Court directed the insurer to indemnify the owner and recover dues, overruling the lower tribunal's exemption based on license category

What did the court decide?

Appellant directed to pay Rs. 2,50,000 with interest at 6% p.a.; insurer directed to indemnify owner against liability.

Manja Munda Vs Ravi Sondhi — Insurance | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

MACA No.771 of 2003

¶3

Menja Munda

¶4

…. Appellant

¶5

Mr.P.K.Mishra, Advocate

¶6

-versus-

¶7

…. Respondents

¶8

Ravi Sondhi and another …. Respondents Mr.S.S.Rao, Senior Advocate for Respondent No. 2

¶9

CORAM:

¶10

JUSTICE B. P. ROUTRAY

ORDER 13.02.2023

Order No.

The matter is taken up through Hybrid mode.

¶15

Heard Mr. Mishra, learned counsel for the Appellant and Mr. Rao, learned counsel for Insurer-Respondent No.2.

¶16

Present appeal by the injured Claimant is directed against judgment dated 2^nd August, 2003 of 2^nd M.A.C.T., Northern Division, Sambalpur, in MAC No.198 of 1994, wherein compensation to the tune of Rs.92,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 9^th March, 1994.

¶17

The date of accident is dated 09.03.1994 and the injured is a woman aged about 25 years on the date of accident. Due to the accident she suffered with amputation on left leg below the knee.

¶18

Page 1 of 3

¶19

The Tribunal by taking her income at Rs.1200/- per month as a daily wager assessed the compensation by applying multiplier five. Further, the Tribunal in absence of a valid driving license has absolved the Insurer from the liability to indemnify the owner.

¶20

The offending vehicle is a truck and that the time of accident the injured was a pedestrian going by the side of the road. Law is well-settled now in the case of Rajkumar-vrs-Ajay Kumar, 48 OCR (SC)-214 and other decisions with regard to quantification of the compensation in the case of injury leading to permanent disability.

¶21

7. As per Notification No.7648 dated 30^th June, 1990 and 17322 dated 27^th December, 1990 of Government of Odisha in Labour and ESI Department, the prescribed wage rate prevalent on the date of accident in respect of an un-skilled labourer can be accepted at Rs.30/- per day. It is the consistent case of the injured that she was working as a labourer on the date of accident and as such, her income as per the prevalent minimum wage rate is fixed at Rs.900/- per month, keeping in view the submission of Mr.Rao that the Insurer had no scope to appeal since the liability was absolved on his part.

¶22

8. According to the principles decided in the case of Rajkumar-vrs-Ajay Kumar (supra) and the undisputed amputation of left leg of the injured due to the injury sustained in the accident, her functional disability can be assessed at 100% as she was a labourer. The future loss of income is accordingly determined at Rs.1,94,400/-. Adding further amounts for treatment expenses, pain and suffering, loss of amenities in life etc, without having detailed discussions on the same, a total

¶23

Page 2 of 3

¶24

compensation of Rs.2,50,000/- is determined keeping in mind the date of accident, age of the injured and her socio-economic status. 9. With regard to liability aspect, the Tribunal has directed the owner to pay the compensation amount since the driver of the vehicle was authorized to drive LMV only, that too valid till 14^th November 1992. So the insurance company was exempted from indemnifying the compensation amount. This approach of the Tribunal is disapproved as per the principles settled in the case of National Insurance Co.Ltd.-vrs-Swaran Singh & Ors., (2004) 3 SCC 297 and Nirmala Kothari vs United India Insurance Co.Ltd, (2020) 4 SCC 49. As per the principles decided therein, it would be apt to direct the insurance company to indemnify the compensation amount on behalf of the owner and recover the same from the owner in accordance with law. The same is accordingly directed.

¶25

In the result, the appeal is allowed with a direction to the Insurer-Respondent No.2 to pay the entire compensation amount of Rs.2,50,000/- along with interest @ 6% per annum, before the Tribunal within a period of two months from today, subject to adjustment of any such amount disbursed in favour of the claimant as per direction of the Tribunal; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal. As stated above, the right of recovery is granted in favour of the Insurer.

¶26

Urgent certified copy of this order be granted on proper application.

¶27

( B.P. Routray)

¶28

Page 3 of 3

¶29

S.Das

¶30

Page 4 of 3

Manja Munda v. Ravi Sondhi

Case brief

What is this about?

What did the court decide?

Manja Munda v. Ravi Sondhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

U.I.I.Co.Ltd Vs Sushama Patjoshi

Laxmipriya Nayak Vs Ayas Khan

Basudev Panda Vs Union of India

M/S.National Insurance Co.Ltd. Vs Mamata Pradhan

Mamata Pradhan Vs Rajendra Pr.Maheswari

Jani @ Sudhanshu Kumar Das Vs State of Odisha