Manager Legal, M/S. Tata Aig General Insurance Company Ltd. Vs Surendra Sahu

Instant appeal is filed by the appellant Insurance Company challenging the impugned award dated 31^st January, 2023 passed in MAC No.78 of 2019 by the learned Additional District Judge-cum3^rd MACT, Bhadrak on the grounds stated therein.

Mr. Dutta, learned counsel for the appellant Insurance Company would submit that there is 11 days delay in lodging of the report and in so far as the deceased is concerned, he died on account of his own negligence, the fact which was lost sight of by the learned Tribunal. Furthermore, Mr. Dutta submits that the general damages payable would be Rs.40,000/- instead of Rs.1,10,000/-, all the more when the deceased was a bachelor at the

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time of his death. Hence, it is submitted that the compensation is accordingly to be reduced.

Mr. Singh, learned counsel for the claimants respondent No.1 and 2 justifies the impugned award and submits that the same should not be disturbed.

Of course, there has been delay of 11 days in filing of the report, however, for the reason stated since the family of the deceased was busy in funeral ceremony, as it has been held by learned Tribunal, the Court is not inclined to reach at a conclusion otherwise. In other words, the Court is of the view that for such delay in lodging of the report after the accident, the alleged incident is not to be disbelieved. That apart, the F.I.R. was lodged followed by an investigation and it has led to submission of the chargesheet against the rider of the motorcycle. In such view of the matter, when the incident is proved at the end of investigation, such delay in lodging of the F.I.R. is of no consequence. Besides the above, OPW-1, namely, the Investigator of the appellant Insurance Company, in course of the cross-examination, admitted the alleged accident and also the rash and negligence on the part of the rider of the motorcycle. Therefore, considering the evidence on record, the Court concludes that accident is prima facie established and hence, the delay in lodging of the F.I.R. should not be a ground to reject such claim of the claimants respondent Nos.1 and 2.

With regard to the quantum of compensation, the learned Tribunal has allowed an amount of Rs.13,09,520/-. Considering the submission of Mr. Dutta, learned counsel for the Insurance Company, the Court is in agreement, which is with respect to general damages payable for an amount of Rs.40,000/- instead of Rs.1,10,000/-, which has been added by the learned Tribunal.

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Having said that, the compensation amount on a recalculation is arrived at Rs.12,29,520/-, which is in the considered view of the Court, is payable to the claimants respondent Nos.1 and 2 along with the interest at the rate of 6% per annum from the date of claim application filed, which is fair and reasonable.

9. Hence it is ordered.

In the result, the appeal stands partly allowed. Consequently, the impugned award passed in MAC No.78 of 2019 by the Court of Learned Additional District Judge-cum-3^rd MACT, Bhadrak is hereby modified to the extent as aforesaid with a direction to the appellant Insurance Company to deposit an amount of Rs.12,29,520/- as compensation along with an interest @ 6% per annum payable from the date of filling of the claim application within eight weeks, which shall thereafter be disbursed in favour of the claimants respondent Nos.1 and 2. The Court further directs that the statutory deposit along with accrued interest thereon shall be refunded to the appellant Insurance Company on proof of such deposit made before the learned Tribunal.

11. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

Balaram

Signature Not Verified

Digitally Signed

Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 08-Apr-2024 17:45:48