D.M,Oriental Insurance Company Ltd. Vs Bijaya Jena

Present appeal by the Insurer is directed against judgment dated 24^th January 2022 of Additional District Judgecum-8^th MACT, Ganjam passed in M.A.C. Case No.514 of 2014, wherein compensation to the tune of Rs.8,84,000/- has been granted along with interest @6% 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 26^th May 2009.

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Mr.Dutta submits that the FIR was lodged five months after the accident impleading the offending motor-cycle and therefore, the involvement of the offending motor-cycle in the accident is doubtful. It is further submitted that the Tribunal has

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Aug-2024 16:57:01

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committed serious errors in computing the compensation amount, which needs to be interfered with.

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The accident took place on 26^th May 2009 and the FIR was lodged on 24^th October 2009. But prior to that police has conducted the enquiry by registering the UD case where the dead body of the deceased was sent for post-mortem examination after holding inquest. During pendency of the enquiry since the FIR was lodged, the investigation was accordingly conducted and finally charge-sheet was submitted against the offending motorcycle bearing registration No.OR-07-N-3159. This part of submission of charge-sheet against the accused driver of the offending vehicle is not questioned by the Insurer.

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It is seen that the father of deceased has been examined as P.W.1. The Insurance Company did not adduce any evidence except marking signature of P.W.1 in the inquest report. It is contended on behalf of the Insurer that P.W.1 had made a statement during inquest that the deceased died due to slip from the motor-cycle bearing registration No.OAU-4920 while travelling therein as a pillion rider. The reliance put forth by the Insurer on such statement of P.W.1 made in course of the inquest has lost its sanctity being not confronted to him during his corssexamination and in view of the submission of charge-sheet by police against the driver of the offending motor-cycle. By mere confrontation of the signature of the witness in the inquest report does not prove the contents thereof to be utilized in evidence. As such, no force remains in the contention of the Appellant to dispute involvement of offending motor-cycle bearing registration No.OR-07-N-3159 in the accident.

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Aug-2024 16:57:01

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Next coming to the question on quantum of compensation, it is seen that the Tribunal has committed many errors, such as deducting 1/4^th instead of one-half from income of the deceased, and applied the minimum wage rate prescribed in 2015 though the accident took place on 2009 and other mistakes. In the circumstances, taking the income of the deceased at Rs.3000/- per month and adding the future prospect to the extent of 40% with deduction of 50% towards personal expenses and applying other principles settled in the case of National Insurance Co. Ltd vrs Pranay Sethi & Ors, (2017) 16 SCC 680 , the final compensation is determined at Rs.4,75,000/- payable along with interest @6% per annum.

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In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the compensation of Rs.4,75,000/- (Four lakhs seventy five thousand) along with interest @ 6% per annum with effect from the date of filing of the claim application 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 to be fixed by the Tribunal.

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The statutory deposit made by the Appellant with accrued interest thereon shall 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.

(B.P. Routray)

Judge

S.Das

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D.M,Oriental Insurance Company Ltd. v. Bijaya Jena

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D.M,Oriental Insurance Company Ltd. v. Bijaya Jena

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