AI Structured Summary
Not yet generated for this judgment
Judgment
B. P. Routray, J
Heard Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company and Mr. S.C. Swain, learned counsel for Respondents No.1 to 4-claimants.
Present appeal by the insurer is directed against the judgment dated 18.08.2023 of learned 1st M.A.C.T., Cuttack in M.A.C. Case No.603 of 2016, wherein compensation to the tune of Rs.35,43,909/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.07.09.2016, on account of death of the deceased in the motor vehicular accident dated 22.07.2016.
Mr. A.A. Khan, learned counsel submits for the Appellant-insurer that, the driver, who has been charge-sheeted as the accused is not the real driver and someone else drove the vehicle who did not have any driving license. In this regard, Mr. Khan relies on Ext.C, the statement of the charge-sheeted driver, namely Sarangadhar Bhoi.
Perusal of record does not support the contention raised by Mr. Khan. It is for the reason that, said Sarangadhar Bhoi has been examined as P.W.3 and has categorically admitted to be the driver of the offending vehicle at the time of accident. Ext.C which appears to be an earlier statement procured by the insurer is not found authenticated and reliable in view of the categorical evidence of P.W.3 made in course of his deposition. As such, all these contentions put forth at this stage are rejected.
With regard to quantification of compensation amount, considering the factors relevant for the same, a reduced compensation of Rs.33,50,000/- along with 6% interest is proposed to the parties in course of hearing. Mr. S.C. Swain, learned counsel for the claimants agrees to the same and Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.
In the result, the Appellant – Insurance Company is directed to deposit the reduced compensation of Rs.33,50,000/- (rupees thirty-three lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e.07.09.2016, within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Respondent Nos.1 to 4 on such terms and proportion to be fixed by the Tribunal. The direction for payment of penal interest @12% per annum is waived.
On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.
The MACA is disposed of with aforesaid directions.
An urgent certified copy of this order be granted on proper application.
..…………………………….