M/S.Shriram G.I.Co.Ltd. Vs Pramod Dehri

Instant appeal is filed challenging the correctness of the impugned award dated 10^th February, 2017 passed in MAC No.87 of 2013 by the learned 5^th Motor Accident Claims Tribunal, Baripada, Mayurbhanj on the grounds stated therein.

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Learned counsel for the appellant Insurance Company would submit that the claimants respondent Nos.1 and 2 are not the dependents and that apart, the driver of the offending vehicle was planted, hence, therefore, the impugned award is liable to be set aside. On the other hand, learned counsel for claimants respondent Nos.1 and 2 justifies the impugned award dated 10^th February, 2017 and submits that the same is not to be disturbed.

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Though it is alleged that the claimants respondent Nos.1 and 2 are not the direct dependents, hence, loss of dependency should not have been allowed but no evidence is adduced in support thereof and therefore, the Court is of the view that the learned Tribunal did not commit any error in allowing it.

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Furthermore, the evidence is conspicuously absent with regard to the real driver having not been chargesheeted. Thus the conclusion of the Court is that such ground has not been substantiated. Having regard to the evidence on record and submissions of learned counsel for the respective parties, the Court is of the considered view that the compensation which has been determined and allowed by learned Tribunal is slightly on the higher side and hence, it is to be reduced and fixed at and for an amount of Rs.4,30,000/- payable with interest @ 6% per annum. In other words, the Court is in favour of reduction of compensation as has been allowed by the learned Tribunal and the sum assessed would be fair and reasonable in the facts and circumstances of the case. Hence, it is ordered.

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In the result, the appeal stands allowed in part. Consequently the impugned award dated 10^th February, 2017 in MAC No.87 of 2013 is hereby modified to the extent as aforesaid with a direction to the appellant Insurance Company to deposit an amount of Rs.4,30,000/- payable along with interest @ 6% per annum within eight weeks from today and in the event, such deposit is received, it shall be made released in favour of the claimants respondent Nos.1 and 2. The Court further directs that the statutory deposit along with accrued interest on the same shall be refunded to the appellant Insurance Company soon after the deposit and disbursement in favour of claimant respondent Nos.1 and 2.

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

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(R.K. Pattanaik) Judge

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Tudu Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 22-Mar-2024 19:10:47

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M/S.Shriram G.I.Co.Ltd. v. Pramod Dehri

Case brief

What is this about?

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M/S.Shriram G.I.Co.Ltd. v. Pramod Dehri

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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