JUSTICE v. NARASINGH ORDER
Case Details
Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:29:00 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.528 of 2014 Order No. 07. The New India Assurance Co. Ltd. …. Appellant Mr. Amitav Das, Sr. Advocate -versus- 1. Ahalya Meher 2. Sunil Kumar Meher 3. Orissa Stevedores ….
Legal Reasoning
Respondents Mr. J. Sahu, Adv. (R-1 & 2) Mr. M.K. Mishra, Adv. (R-3) CORAM: JUSTICE V. NARASINGH
Decision
ORDER 30.07.2025 1. Heard learned Senior Advocate for the Appellant-Insurance Company and learned counsel for the Respondents-Claimants. The appearance memo filed by Mr. Das on behalf of the Appellant- Insurance Company is kept on record. 2. The Appellant-Insurance Company has filed this appeal challenging the impugned judgment dated 24.03.2014 passed by the learned 1st M.A.C.T, Balangir in M.A.C No.5 of 2010 awarding compensation of Rs.6,84,064/- along with interest at Page 1 of 5 Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:29:00 the rate of 7% per annum from the date of filing of the application till the date of payment. 3. The brief facts of the case of the Claimants is that on 1.9.2009 the deceased while travelling in his motor cycle near Chhuinbadh of Bardokhol the offending vehicle bearing registration number OR-9-J- 7546 being driven by its driver in a rash and negligent manner dashed the deceased as a result of which he sustained grievous injuries and succumbed to the said injuries. Since the deceased was the only earning member of his family and getting Rs.21,000/- per month from his service, the Claimants claimed a compensation of Rs.12,50,000/- from the Insurance Company. 4. Opposite Party No.1 who is Respondent No.3 herein was set ex parte. Appellant-Insurance Company appeared and filed its written statement denying the assertions made in the claim petition. On the pleadings of the parties, the following issues were framed: “1. is the claim maintainable as framed ? 2. Whether the alleged accident occurred due to rash and negligent driving of the vehicle bearing registration number OR-9-J-7546 resulting in death of the deceased ? 3. Whether the O.Ps are liable to pay compensation as claimed ? 4. Whether representatives are entitled to get compensation and if so, to what extent ? the petitioners and legal the Page 2 of 5 Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:29:00 5. To what other reliefs the petitioners are entitled ? In order to substantiate the claim, Claimant- Petitioner No.2 examined himself as P.W.1 and two independent witnesses examined as P.Ws.2 and 3 and documents were exhibited on behalf of the Claimants and marked as Exts.1 to 12. One witness was examined on behalf of the Insurance Company as O.P.W.1 and the pay particulars of the deceased was marked as Ext.A. Considering the evidence on record, learned Tribunal directed for compensation of Rs.6,84,064/- along with 7 % interest per annum from the date of filing of the claim petition till the date of payment. 5. Learned Senior Advocate for the Insurance Company Mr. Das, referring to the recitals of the appeal vis-à-vis the impugned judgment assails the award on the following three grounds; “B. For that the Vehicle No.OR-09-J-7546 dumber was standing on the left side of the road due to breakdown giving road to passing of other vehicles. The deceased Kushadwaja Mehera going in his Motorcycle Bajaj Pulser No.OR-08-B-3588 on high speed and dashed behind the standing dumper by which he fell down from his Motorcycle sustained head injury and later on died. The accident was reported at Sonepur P.S. vide FIR No.70 dtd.1.9.2009. The police has investigated the case and found that the deceased is solely Page 3 of 5 Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:29:00 negligent for his accidental death. Hence the charge sheet filed against the deceased abated. The driver of the dumper was not for rash and negligent charge sheeted driving. Hence, the appellant company (insurer of dumper) is not liable to pay any compensation as driver of dumper was not charge sheeted under Section 279 of the IPC. C. For that the claimants have adduced evidence in this case through OPW No.1 namely one Mohan Mohanandia to prove accident. As per evidence, the accident is the outcome of sole negligent of the deceased. Hence, the applicant company is not liable to pay any compensation awarded by tribunal. Learned tribunal has erroneously saddled compensation on the appellant company. F. For that learned tribunal has directed the appellant to pay the compensation along with interest @ 7% p.a from the date of filing of the claim application. Moreover, the award of interest @ 7% p.a is also against the present economic trend as well as RBI guidelines. It should be 6% p.a from the date of award and not filing of claim application. the date of from 6. Such submission is opposed by the learned counsel for the Claimants. 7. On a conspectus of the materials on record this Court is of the considered view that the learned Tribunal after assessing the materials available on record has awarded just compensation. Hence, this Court is not inclined to interfere with the same. So far as interest is Page 4 of 5 Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:29:00 concerned, this Court is of the view that the same is on the higher side. Hence, this Court feels that modifying the interest from 7 % to 6 % from the date application would subserve the ends of justice. Accordingly, the Insurance Company is directed to deposit the compensation amount of Rs.6,84,064/- along with the modified interest at the rate of 6% before the learned Tribunal within eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the compensation amount shall be disbursed proportionately amongst the Claimants in terms of the order passed by the learned Tribunal within a period of six weeks thereafter. On production of proof regarding deposit of the modified amount before the learned Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company on proper application. 8. The MACA is accordingly disposed of. (V. NARASINGH) Judge PKS Page 5 of 5