Dismissed

D.M.,O.I.Co.Ltd. v. Saudamini Biswal

Orissa HC10 Mar 2023MACA/86/2007

Case brief

AI extract

What is this about?

The insurer's appeal against a motor accident claim award is dismissed. The court holds that the Tribunal's assessment of the deceased's income, based on salary slips and evidence of daily wager employment, is sustainable. The appellant is directed to deposit the shared compensation.

What did the court decide?

The appeal is dismissed and the Appellant-Insurer is directed to deposit his share of compensation amount with interest within two months.

D.M.,O.I.Co.Ltd. Vs Saudamini Biswal — Insurance | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.86 of 2007

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Divisional Manager, Oriental Insurance Co.Ltd.

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Appellant

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Mr.P.R.Sinha, Advocate

¶6

-versus-

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Saudamini Biswal & Ors.

…. Respondents

None

CORAM:

JUSTICE B. P. ROUTRAY

ORDER 10.03.2023

Order No.

The matter is taken up through Hybrid mode.

¶16

Heard Mr. Sinha, learned counsel for the Appellant. 3. None appears for the Claimant-Respondents.

¶17

Present appeal by the Insurer is directed against judgment dated 21^st September, 2006 of Addl. District Judgecum-4^th MACT, Jharsuguda, in M.A.C. Case No.15of 2005, wherein compensation to the tune of Rs.5,72,560/- has been granted along with interest @4.5% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 30^th January, 2005.

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It is seen that the Tribunal while holding composite negligence on both the offending vehicles, has directed for payment of half share by the present Appellant, who is the Insurer of the offending car.

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Page 1 of 2

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Mr.Sinha, learned counsel for the Appellant submits that the assessment of monthly income of the deceased is erroneous and needs interference.

¶21

Perusal of the impugned award reveals that the Tribunal has taken average income of the deceased considering his salary slips under Exts.10, 11 & 12. It is further seen that the engagement of the deceased in the colliery under MCL as daily wager has been established on record with ample materials. Therefore, no merit is seen in the contention of the insurer to disturb the findings of learned Tribunal, which are derived with well balanced approach.

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In the result, the appeal is dismissed and the AppellantInsurer is directed to deposit his share of compensation amount along with interest as directed by the Tribunal, within a period of two months, which shall be disbursed in favour of the ClaimantRespondents on same terms and proportion contained in impugned award.

¶23

The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

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( B.P. Routray)

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Judge

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S.Das

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Page 2 of 2

D.M.,O.I.Co.Ltd. v. Saudamini Biswal

Case brief

What is this about?

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D.M.,O.I.Co.Ltd. v. Saudamini Biswal

Case brief

What is this about?

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What the court decided

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