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Judgment
B. P. Routray, J
1.The matter is taken up through Hybrid mode.
Heard Mr.Khan, learned counsel for the Appellant-Insurer and Mr.Panigrahi, learned counsel for claimants-Respondent Nos.1 & 2.
Present appeal by the Insurer is directed against the judgment dated 20th March, 2018 of the IIIrd M.A.C.T., Bhanjanagar in M.A.C. Case No.53 of 2017, wherein compensation to the tune of Rs.10,06,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 19th January, 2017.
Mr.Khan submits that the deceased was travelling in the offending vehicle i.e., Tractor and trailer bearing registration no.OD-32A-0587 & OD-32A-0594 as a gratuitous passenger and therefore, the Insurer is not liable to indemnify the compensation amount.
It is seen that two witnesses viz. P.Ws.1 & 2 were examined from the side of the claimants and one witness viz. O.P.W.1 was examined from the side of the Insurer. The owner though filed his written statement but did not adduce any evidence.
According to P.Ws.1 & 2, the deceased was working as a labourer in the offending vehicle and travelling as such at the time of accident. The contention raised by the Insurer to dispute his status as a labourer is based on the evidence of O.P.W.1, an Officer of the Insurance Company. P.W.1 is the wife of the deceased and P.W.2 is an independent eye-witness to the accident. The statements of those two witnesses regarding status of the deceased as a labourer has been confirmed in their cross-examination and nothing substantial could be elicited by the Insurer to rebut the same. On the other hand, O.P.W.1 has no direct knowledge either on the accident or on the avocation of the deceased. Therefore the contention of the claimants describing the deceased as the labourer is fully substantiated by the evidence adduced from the side of the claimants and also found supportive from the police papers. Thus, the finding of the Tribunal to accept the deceased as a labourer of the offending vehicle is confirmed. The contention of the Appellant-Insurer to the contrary is thus rejected.
With regard to quantum of compensation, considering all such grounds of challenge advanced by Mr.Khan, a reduced compensation of Rs.9,70,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Panigrahi, learned counsel for the claimants. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.
The Insurer-Appellant is directed to deposit the reduced compensation of Rs.9,70,000/-(Nine lakhs seventy thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal. However, the penal interest of 9%, as directed by the Tribunal, is waived.
With aforesaid modification in the compensation amount, the appeal is disposed of.
The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.
Urgent certified copy of this order be granted on proper application.
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