JUSTICE v. NARASINGH Date of hearing
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.526 of 2007 In the matter of an application under Section 173 of the Motor Vehicles Act, 1988. Sudam Naik …. Appellant -versus- 1.Sashanka Sekhar Rout 2.Divisional Manager, New India Assurance Co. Ltd. …. Respondents For Appellant : Mr. S. Mohanty, Advocate For Respondents : Ms. N. Mohanty, Advocate (R-2) CORAM: JUSTICE V. NARASINGH Date of hearing : 05.08.2025 Date of Judgment : 05.08.2025 V. Narasingh, J. I.A No.1714 of 2010 1. This application has been filed at the instance of Appellant-Claimant seeking condonation of delay of 64 days in preferring this MACA. 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.
Decision
I.A is accordingly disposed of. (V. Narasingh) Judge Page 1 of 6 MACA No.526 of 2007 1. Heard learned counsel for the Appellant- Claimant and learned counsel for the Insurance Company. 2. The Appellant–Claimant has assailed the judgment dated 18.12.2006 passed by the learned 1st M.A.C.T, Keonjhar in M.A.C Case No.139 of 1999 awarding a compensation of Rs.28,500/- to the Claimant within 45 days, failing which, the same will carry interest at the rate of 9% per annum from the date of filing of the claim application till realization, seeking enhancement. 3. The case of the Claimant is that while he was going on 20.3.1991 the offending vehicle bearing registration number ORY 5991 came in a high speed and dashed against him as a result of which he died. Hence, the Appellant-Claimant filed the aforesaid M.A.C Case claiming compensation of Rs.90,000/-. In such claim application, the Owner of the offending truck who was Opposite Party No.1 appeared and resisted the claim. Respondent No.2-Insurance Company was Opposite Party No.2 appeared and filed its written statement opposing the claim. 4. On the pleadings of the parties, the following issues were framed; “1. Is the case maintainable ? Page 2 of 6 2. Whether the truck bearing registration No. ORY-5991 caused accident on 20.3.91 owing to rash and negligent driving of the driver ? 3. Whether the claimant is entitled to get compensation, if so, from whom and to what extent ?” In order to substantiate his stand, Claimant examined himself as P.W.1 and one independent witness was examined as P.W.2. Documents were exhibited and marked as Exts.1 to 4. Neither oral nor documentary evidence was adduced on behalf of the Opposite Parties. On consideration of the materials on record, learned Tribunal directed for compensation of Rs.28,500/- within 45 days, failing which, the same will carry interest at the rate of 9% per annum from the date of filing of the claim application till realization. 5. It is submitted by the learned counsel for the Appellant-Claimant that the learned Tribunal has not properly evaluated the evidence on record. Hence, the compensation amount is liable to be enhanced since the deceased was an earning member of the family and learned Tribunal has not taken into account the loss of income. It is further submitted that non-payment of the interest on the awarded amount is also not justified. Page 3 of 6 6. Learned counsel for the Insurance Company submits that the post-mortem report of the deceased shows that the deceased was aged about 65 years at the time of accident and in the light of the same, oral evidence ought not to be given weightage indicating the age to be 58 years. It is further submitted that if the judgment is evaluated on the touch stone of the just compensation no interference is warranted. 7. Section 171 of the Motor Vehicles Act, 19881 deals with award of interest. For convenience of reference, said Section is extracted hereunder; “171. Award of interest where any claim is allowed. - Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.” 8. On a bare perusal of the impugned award, it is seen that the learned Tribunal has completely lost sight of the above referred Section 171 of the M.V Act. It is no longer res integra that in a benevolent legislation like M.V Act, the expression “may” giving discretion to the Claims Tribunal to award interest has to be read as “shall” making it imperative for award of interest. This Court is of the considered view 1 Sec. 171 of the M.V Act, 1988 Page 4 of 6 that non-award of interest must be supplemented by the reasons. 9. It is trite that entry regarding the age in the post-mortem report is on the basis of the materials which were furnished to the concerned medical professional. No primacy can be attached to the same in the light of the oral evidence on record. In the case at hand, oral evidence has been adduced to indicate that the deceased was aged about 50 years and in the face of such oral testimony no rebuttal evidence having been adduced by the Insurance Company, the submission that the age as reflected in the post-mortem report ought to be treated as unassailable, the stand of the Insurance Company is ex facie untenable. 10. Hence, considering the rival submissions of the learned counsel for the parties, this Court is of the considered view that award of further consolidated amount of Rs.1,75,000/- (rupees one lakh seven five thousand) in addition to the amount as per the impugned award would subserve the ends of justice. Accordingly, this Court directs the Insurance Company to pay a further consolidated sum of Rs.1,75,000/- to the Claimant within a period of eight weeks hence. 11. Default interest as awarded in terms of the impugned award is set aside. Page 5 of 6 12. Accordingly, the MACA stands disposed of. No costs. (V. NARASINGH) Judge Orissa High Court, Cuttack Dated the 05th August, 2025/Pradeep Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-Aug-2025 18:36:44 Page 6 of 6