M/S. Bajaj Allinz General Insurance Co. Ltd. Vs Gitanjali Purohit

Instant appeal is filed by the appellant Insurance Company challenging the liability and quantum of compensation directed in MAC Case No.62 of 2018 by learned 2^nd MACT, (SD), Berhampur, Ganjam on the grounds stated therein.

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Mr. Dash, learned counsel for the appellant Insurance Company would submit that it is case of vehicle implant since the report with regard to the alleged accident was received by the local PS after 14 days. It is further submitted that the family of the deceased would have lodged the FIR immediately after the alleged

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occurrence since the PS was barely 4 Km. from the spot where the accident took place. Furthermore, according to Mr. Dash, the owner of the offending vehicle is a permanent resident of neighbouring village where the family of the deceased resides. Hence, therefore, it is submitted by Mr. Dash that no such accident has ever taken place and in so far as the offending vehicle is concerned, it has been planted and that apart, the incident is not supported by any direct evidence.

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To counter the same, Mr. Mishra, learned counsel for the claimants respondent Nos.1 to 3 submits that the involvement of the offending vehicle is prima facie proved and established with the chargesheet filed and hence, therefore, the same is not to be doubted. In other words, according to Mr. Mishra, no suspicion should be entertained with regard to the alleged vehicle’s involvement in the accident when the same stands revealed after an enquiry and investigation by the local police.

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It is not in dispute that the delay and reason for the same is revealed from the report lodged by the family of the deceased. It is claimed that after the accident and death of deceased, family was busy in funeral ceremony, hence, therefore, the delay has occasioned. Of course, such delay appears to be unusual but for the reason stated and the fact that after the report was lodged, on investigation, involvement of the offending vehicle is revealed, the Court is of the view that no such doubt or suspicion should be entertained. Thus, the Court reaches at a conclusion that the involvement of the vehicle was found to be involved in the accident, in which, the deceased succumbed to the injury.

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Mr. Dash, learned counsel for the appellant Insurance Company submits that the tax component was not taken into account at the time of determination of compensation. It is admitted by Mr. Mishra, learned counsel for claimants appellant Nos.1 to 3 that the income deduction was not made. Considering the above submissions of learned counsel for the respective parties, the Court is inclined to deduct the tax. In so far as, the general damages is concerned, an amount of Rs.1,65,000/- has been allowed by learned Tribunal, which in the considered view of the Court being in agreement with Mr. Dash, learned counsel for the appellant Insurance Company should be Rs.70,000/- with 10% increment every three years i.e. Rs.84,000/- to be added to the compensation instead of Rs.1,65,000/-. With the aforesaid discussion and taking into account the tax deduction and the sum on the head of general damages i.e. Rs.84,000/- the compensation is arrived at Rs.34,14, 490/- which is payable along with interest @ 6% per annum from the date of claim application filed.

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Hence, it is ordered.

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In the result, the appeal stands allowed in part. Consequently, the impugned award dated 30^th September, 2023 passed in MAC Case No.62 of 2018 by the learned 2^nd MACT, (SD), Berhampur, Ganjam is hereby modified to the extent as aforesaid with a direction to the appellant Insurance Company to deposit a sum of Rs.34,14, 490/- along with interest 6% per annum thereon within eight weeks from today, which shall thereafter be disbursed in favour of the claimants respondent Nos.1 to 3. The Court further

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directs that the statutory deposit along with interest accrued on the same shall be refunded to the appellant Insurance Company on proof of such deposit made before learned Tribunal.

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