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2004 DIGILAW 36 (ORI)

DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD. v. KUMARI HARAMOHINI KAR

2004-01-16

M.PAPANNA

body2004
JUDGMENT : M. Papanna, J. - Judgment of learned Member find M.A.C.T. (N.I.), Sambalpur (for short' the Tribunal) in Misc. (A) Case No. 163 of 1987 (K) is called in question in this appeal. 2. Claimant who is Respondent No. 1 herein made application to the learned Tribunal claiming compensation on account of injuries sustained by her in a motor vehicle accident. On the date of accident the Claimant was returning from Joda to Barbil in a jeep bearing registration No. ORJ 1899 being driven by the accused-driver rashly and negligently. At that time, a Car bearing registration No. BHS 595 came from Barbil side in rash and negligent manner. Both the vehicles colluded with each other near Barbil College building, as a result of which the claimant sustained severe injuries for which she was admitted in the hospital. 3. The learned tribunal on consideration of evidence on record came to hold that the driver of the offending Car was rash and negligent in driving the vehicle and thereby causing the accident as a result of which the Claimant sustained severe bodily injuries. So, ultimately he has held the appellant liable to pay compensation of Rs. 1,25,000/-. 4. Learned counsel appearing for the appellant (New India Assurance Company Ltd., Cuttack) has contended that since the accident in question took place due to collusion of the Car and jeep, drivers of both the vehicles are equally responsible for causing the accident. Accordingly, Insurers of both the vehicles are liable to pay compensation in the ratio 50 : 50. He has relied on a decision of this Court in a batch of cases which arose out of the same accident in support of his contention. His further contention is that learned Tribunal ought to have awarded a sum of Rs. 1,25,000/- towards compensation particularly when the Claimant has claimed only Rs. 1,20,000/- as compensation. That apart imposition of interest at the rate of 10% on the awarded amount by the Tribunal is uncalled for. 5. On the other hand, learned counsel for the Respondents supported the judgment impugned in this appeal. 6. Judgment of learned Tribunal along with evidence on record is perused. 1,20,000/- as compensation. That apart imposition of interest at the rate of 10% on the awarded amount by the Tribunal is uncalled for. 5. On the other hand, learned counsel for the Respondents supported the judgment impugned in this appeal. 6. Judgment of learned Tribunal along with evidence on record is perused. Admittedly at the material time, the Claimant Kumari Haramohini Kar was travelling in the Jeep in question and near Barbil College building the Car in question dashed against the jeep as a result of which the Claimant sustained severe injuries. In batch of cases i.e. M.A. 532 of 1990, M.A. 533 of 1990 and M.A. 536 of 1990, this Court held that since both the vehicles are equally responsible for the accident in question both the Insurers are liable to pay compensation in the ratio of 50 : 50. Therefore, in view of the decision relied upon by learned counsel for appellant and in the facts and circumstances of the case, I hold that the Insurer of both the vehicles should pay compensation in 50 : 50 ratio. As regards quantum of compensation, of course & the Claimant has claimed a sum of Rs. 1,20,000/- towards compensation, but the learned Tribunal has awarded her a sum of Rs. 1,25,000/- However, in support of passing such award, there are materials available on record. That being so, I am not inclined to interfere with the quantum of compensation passed by the learned Tribunal. 7. It is also contended by the learned counsel for the appellant that the learned Tribunal has gone wrong in imposing interest at the rate of 10% per annum from the date of making the application. In this regard, in my considered view the Tribunal ought to have imposed interest at the rate of 6% per annum on the awarded amount instead of interest at the rate of 10% per annum from the date of making application i.e. 23.11.1987. 8. in the result, the appeal is allowed in part, but without cost. The appellant (New India Assurance Company Ltd.) and Oriental Insurance Company Ltd., Keonjhar are equally liable to pay compensation to the Claimant in the ratio of 50 : 50 with interest at the rate of 6% per annum on the awarded amount instea'd of interest at the rate of 10% per annum. It is revealed from the record that a sum of Rs. It is revealed from the record that a sum of Rs. 25,000/- has been deposited by the appellant towards statutory amount. The said amount with accused interest shall be paid to the Claimant within a month from today on proper identification. The balance amount, if any, shall be paid to the Claimant with interest by the appellant in the meantime. That apart, the Oriental Insurance Company Ltd., Keonjhar shall deposit his share of compensation in the ratio of 50 : 50 within the aforesaid period with interest at the rate of 6% per annum from the date of making application.