National Insurance Company Ltd. vs Sundari Mohanty and Others

L. Mohapatra, J.—The judgment and order dated 12th September, 2000 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 1086 of 1991 directing payment of compensation of Rs. 98,600/- is under challenge.

The claimants are the legal representatives of the deceased-Prafulla Kumar Mohanty. The case of the claimants is that on 4.4.1991 at about 11.00 A.M. while the deceased was walking on.the left side of Athagarh-Narasinghpur Road at Suanapal Chhack towards co-operative Bank, the offending vehicle bearing registration No. OSD 4515 driven in rash and negligent manner dashed against him from behind. Due to the above, the deceased fell down and lost his sense. There was perfused bleeding from his ear and nose and he was shifted to Baramba Hospital for treatment. Thereafter, the deceased was referred to S.C.B. Medical College & Hospital, Cuttack where he succumbed to the injuries on 7.4.1991. The further case of the claimants is that the deceased was the sale earning member of the family and was working as carpenter earning Rs. 1,2001- per month.

The owner of the offending vehicle did not appear in the court and was set ex parte. The Appellant filed written statement disputing the statements made in the claim petition and also denied its liability to pay compensation. The Tribunal on assessment of evidence placed before it found that the driver of the offending motor cycle was rash and negligent in driving the same resulting in the accident. The Tribunal also found that because of rash and negligent driving of the said motor cycle, the deceased sustained injuries and ultimately succumbed to the injuries. The Tribunal having found the vehicle covered by a valid policy, directed payment of compensation of Rs. 98,600/- to the claimant-respondents and at the same time, directed the present Appellant to recover the compensation.

Mr. Mishra, Learned Counsel appearing for the Appellant challenged the judgment on the ground that the driver of the motor cycle was having a learner licence at the time of the accident and, therefore, the insurance company is not liable to pay compensation. The Apex Court in the case of National Insurance Company Ltd. v. Swaran Singh and Ors. reported in (2004) 27 OCR (SC) 540 held that even if the driver of the offending vehicle at the time of accident holds a learner licence, the Insurance Company will be liable for compensation. In view of the above decision of the Apex Court, I do not find any substance in the contention of the Learned Counsel for the Appellant. The second ground of challenge is that the deceased was working as carpenter and therefore, assessment of daily wage at Rs. 401- was not proper. There is nothing on record to disbelieve the claim of the claimants that the deceased at the time of accident was working as carpenter. The carpenter cannot be equated with unskilled worker and therefore, minimum wage available to an unskilled worker at the time of accident is not the criteria for computation of compensation. I am, therefore, of the view that daily wage at Rs. 401- per day by the Tribunal is justified and requires no interference.

I, therefore, do not find any merit in the appeal and the same is dismissed. It is stated by the Learned Counsel for the Appellant that the entire award amount has been deposited before this Court. It is, therefore, directed that the entire awarded amount with accrued interest thereon be refunded to the Learned Counsel for the Appellant for depositing the same before the Tribunal within one month from the date of refund and the Tribunal after receipt of the award amount with interest thereon shall release the same in terms of its'' judgment in favour of the claimants on proper identification. It is also stated that apart from the awarded amount, the statutory deposit has also been deposited at the time of filing of the appeal. Office is directed to verify and if the Registrar (Judicial) is satisfied that apart from the awarded amount, the statutory deposit has also been made, the same shall be returned to the Learned Counsel for the Appellant. After receipt of the amount, the same shall be deposited before the Tribunal within a period of one month from the date of receipt of the statutory deposit.