Manager,T.P Hub, M/S.Oriental Insurance Co. Ltd, Bbsr Vs Subhalaxmi Bhoi

Heard Mr. P.K. Mahali, learned counsel appearing for the Appellant-Company, Mr. P.K. Mishra, learned counsel appearing for the Claimants-Respondent Nos. 1 & 2 and Mr. D. Patnaik, learned counsel appearing for Respondent No. 4.

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Memo containing the death certificate of Respondent No. 3 filed in Court be kept in record.

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The present appeal has been filed by the Appellant-Company challenging Judgment dtd.05.10.2024 so passed by the learned 1^st Addl. District Judge-cum-1^st MACT, Cuttack in MAC Case No. 582 of 2020. Vide the said Judgment the Tribunal assessed the compensation at Rs.59,02,703/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization. The Tribunal also awarded default interest @ 7%, if the

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compensation so assessed is not deposited within the stipulated time period.

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In support of the appeal learned counsel appearing for the Appellant-Company contended that since after 7 days of the accident the F.I.R. was lodged by the wife of the deceased, it is settled that the Claimants in connivance with the Owner falsely planted the offending vehicle to grab the compensation. Not only that allowances received by the deceased was not deducted, while assessing the monthly income.

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5.1. It is also contended that the Tribunal without proper appreciation of the materials placed, while wrongly assessed the compensation at Rs.59,02,703/-, also award of default interest @ 12% per annum, which is on the higher side.

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5.2. Making all these submissions learned counsel appearing for the Appellant contended that had the Tribunal properly appreciated the aforesaid contention of the learned counsel for the Appellant, the compensation amount so awarded would have been on the lower side. It is accordingly contended that the impugned award is not sustainable in the eye of law and requires interference of this Court.

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Mr. P.K. Mishra, learned counsel appearing for the ClaimantsRespondent Nos. 1 & 2 though on the other hand supported the impugned Judgment and contended that the Tribunal has rightly assessed the compensation, but in course of hearing learned counsel appearing for the Claimants-Respondent Nos. 1 & 2 contended that the Claimants-Respondents will be fully satisfied, if this Court will assess the compensation amount at Rs.52,00,000/- along with interest @ 6% per annum payable from the date of filing of the

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Page 2 of 4.

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claim application till its realization. However, it is contended that since during pendency of the appeal Respondent No. 3 has died on 11.02.2024, the share as will be admissible to Respondent No. 3, be distributed amongst the other Claimants, proportionately in terms of the judgment dt.05.10.2024. With regard to award of 12% default interest, learned counsel appearing for the Respondents-Claimants contended that this Court can pass appropriate order in that regard.

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Learned counsel appearing for the Appellant-Company left the aforesaid proposition made by the learned counsel for the Claimants-Respondent Nos. 1 & 2 to the discretion of this Court.

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Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while waiving out the default interest levied @ 12% per annum, is inclined to held the Claimants-Respondent Nos. 1 & 2 entitled to get compensation amount of Rs.52,00,000/- along with interest @ 6% per annum payable from the date of application till its realization. While holding so, this Court directs the Appellant-Company to deposit the compensation amount of Rs.52,00,000/-along with interest @ 6% interest per annum payable from the date of filing of the claim application till its realization before the Tribunal within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, since Claimant-Respondent No. 3 has died in the meantime, the Tribunal shall distribute the share as due and admissible to Claimant-Respondent No. 3 as well as the individual share proportionately in favour of other Claimants in terms of the Judgment passed on 05.10.2024.

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8.1. However, it is observed that if the amount as directed is not deposited within the aforesaid time period of eight (8) weeks, the

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Page 3 of 4.

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compensation amount of Rs.52,00,000/- shall carry interest @ 7% starting from the expiry of the period of eight (8) weeks till the amount is so deposited.

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8.2. On such deposit of the amount, the Appellant-Company shall be permitted to take back the statutory deposit along with accrued interest, if any from the Registry on proper identification.

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