JUSTICE v. NARASINGH Order No
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 10:28:59 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.937 of 2015 National Insurance Co. Ltd. …. Appellant Mr. Amitav Das, Sr. Advocate -versus- 1. Lingaraj Bisoi 2. Gourang Bisoi 3. Sumitra Bisoi 4. Siba Bisoi 5. Saraswati Bisoi 6. Lakhan Nayak ….
Legal Reasoning
Respondents (R. 1-5) Mr. D. Mund, Adv. CORAM: JUSTICE V. NARASINGH
Decision
Order No. 04. ORDER 30.07.2025 I.A No.1750 of 2015 1. This is an application for condonation of delay of 156 days in filing the appeal. 2. Having heard learned counsel for the parties and considering the recitals in the I.A, the delay in filing the appeal is condoned. 3. I.A is accordingly disposed of. (V. Narasingh) Judge 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 10:28:59 1. MACA No.937 of 2015 Heard learned Senior Advocate for the Appellant-Insurance Company and learned counsel for the Respondents 1 to 5-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 30.03.2015 passed by the learned 1st M.A.C.T, Koraput-Jeypore in M.A.C No.65 of 2013 awarding compensation of Rs.4,28,000/- along with interest at the rate of 7.5% 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 13.1.2013 the deceased Hiramani Bisoi while travelling to her village in the offending vehicle bearing registration number CG-17-ZD-0864 being driven in a rash and negligent manner by the driver of the offending vehicle sustained grievous injuries and thereafter she was shifted to the hospital for treatment and later on she succumbed to the said injuries. At the time of the death of the deceased she was 41 years and earning Rs.6000/- per month from the vegetable business. The Claimants who are the legal heirs of the deceased sought for payment of compensation to the tune of Rs.8,00,000/-. Page 2 of 5 Signature Not Verified 4. Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2025 10:28:59 The owner of the offending vehicle was arrayed as Opposite Party No.1 and was set ex parte. Respondent No.2-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: “i. Whether the accident occurred due to the rash and negligent driving of the driver of the offending jeep causing the death of the deceased ? ii. Whether the petitioners are entitled to get any compensation and if so, from whom and what is its quantum ? iii. To what other reliefs the petitioners are entitled to ?” In order to substantiate their claim, Respondent No.1 examined himself as P.W. 1 and documents were exhibited on behalf of the Claimants and marked as Exts.1 to 5. Neither oral nor documentary evidence was exhibited on behalf of the owner of the offending vehicle. Whereas one witness was examined on behalf of the Insurance Company as O.P.W.1 and documents were marked and exhibited as Exts.A and B. Considering the evidence on record, learned Tribunal directed for compensation of Rs.4,28,000/- along with 7.5% interest per annum from the date of filing of the claim petition till the date of payment. 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 10:28:59 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 two grounds; jeep bearing “B. For that the deceased was a passenger in the offending registration No.CZ-17-ZD-0864 which was insured with the Appellant company as a “Private Car – Liability only” policy and as such had no coverage with respect to the legal liability of any passenger travelling therein. This aspect has been completely obliterated by the learned tribunal while passing the impugned award. Therefore, impugned award the dtd.30.03.2015 is liable to be set aside. D. For that the learned tribunal has directed the appellant to pay the compensation along with interest @ 7.5% p.a from the date of filing of the claim application. Moreover, the award of interest @ 7.5% p.a. is also against the present economic trend as well as RBI guideline. It should be@ 6% p.a from the date of award and not from the date of filing of claim application. 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 10:28:59 concerned, this Court is of the view that the same is on the higher side. Hence, this Court feels that modifying the interest from 7.5 % to 6.5 % from the date application would subserve the ends of justice. Accordingly, the Insurance Company is directed to deposit the compensation amount of Rs.4,28.000/- along with the modified interest at the rate of 6.5% 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