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Judgment
B. P. Routray, J
Heard Mr. P.K. Mishra, learned counsel for the Appellants-claimants, Mr. D.K. Patra, learned counsel for Respondent No.2-Insurance Company and Mr. J. Sahoo, learned counsel for the Respondent No.1-owner.
Present appeal by the claimants is directed against the judgment dated 09.01.2018 of learned 6th M.A.C.T., Khurda in M.A.C.T. Case No.20 of 2013, wherein compensation to the tune of Rs.2,82,900/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e. 28.02.2013 on account of death of the deceased in the motor vehicular accident dated 20.01.2013.
The learned Tribunal while directing for payment of compensation has exonerated the Insurance Company and further, fixed 50% negligence on the deceased as the pillion rider of the motorcycle.
Undisputedly, as per the submissions made at the Bar, in MACT Case No.88 of 2013 which was filed in respect of the death of the driver of the motorcycle in which the present deceased, namely, Sudhakar Paikaray was riding as a pillion, payment of entire compensation amount has been saddled on the Insurance Company by fixing complete negligence on the driver of the offending motorcycle bearing Registration No.OD-07-9113, and the Insurance Company has already satisfied the amount.
Thus exonerating the Insurance Company in the present case, which is arising out of the same accident, is found unsustainable so also contribution of 50% negligence on the deceased as the pillion rider. Accordingly, the impugned award is set aside. The amount of compensation granted by learned Tribunal is confirmed being remain undisputed.
In the result, the appeal is disposed of with a direction to the Respondent No.2-National Insurance Co. Ltd. to deposit the entire compensation amount of Rs.5,65,800/- (rupees five lakhs sixty-five thousand eight hundred) before the Tribunal along with interest @6% per annum from the date of filing of the claim application i.e. 28.02.2013 within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportions to be decided by learned Tribunal. However, as prayed for, the right of recovery is extended in favour of the Insurance Company against the owner.
The copy of the order dated 17.01.2017 passed in M.A.C.T. No.88 of 2013 as produced by Mr. P.K. Mishra, learned counsel for the Appellants in course of hearing is kept on record..
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