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2009 DIGILAW 886 (ORI)

The Divisional Manager, Oriental Insurance Co. Ltd. v. Minka Munda

2009-11-16

S.C.PARIJA

body2009
ORDER 16.11.2009 — This appeal by the Insurance Company is directed against the judgment/award dated 27.8.2008, passed by the First Motor Accident Claims Tribunal, Keonjhar, in M.A.C.Case No. 288 of 2006, awarding an amount of Rs. 1,43,440/- as compensation along with interest @9% per annum, from the date of filing of the claim application, till payment. Learned counsel for the appellant submits that no extra premium having been paid to cover the risk of labourer travelling in a tractor-trolley, the liability to pay the compensation amount cannot be saddled on the present appellant. In this regard, it is submitted that the assessment of the compensation amount is not proper and justified and the award of interest @9% per annum is highly excessive. On a perusal of the impugned award it is seen that learned Tribunal has taken into consideration the evidence on record both oral and documentary including the police papers, in coming to hold that the driver of the offending tractor-trolley bearing Nos. OR-09/3304 and 3305 was rash and negligent in causing the accident, which resulted in the death of Raibari Munda. Coming to the assessment of the compensation amount, learned Tribunal has taken the deceased to be a unskilled labourer and his wages as Rs. 40/- per day as per the minimum wages prevalent at that point of time and after excluding four Sundays, he has also assessed the monthly income of the deceased to be Rs. 1,040/- and his annual income as Rs. 12,480/-. After deducting 1/3rd towards the personal expenses, the annual contribution of the deceased to the family has been taken to Rs. 8,320/-. Taking the age of the deceased to be 35 years as per the Post Mortem Report (Ext. 7), learned Tribunal has applied the multiplier of 17' to calculate the loss of dependency. As regard the plea of insurer that no extra premium having been paid to cover the risk of a labourer travelling in a tractor-trolley, the same is erroneous and misconceived. A tractor fitted with a trolley is a goods carriage and as per Section 147 (1) of the M.V.Act, no extra premium is required to be paid to cover the liability of such a labourer carried in a goods vehicle. A tractor fitted with a trolley is a goods carriage and as per Section 147 (1) of the M.V.Act, no extra premium is required to be paid to cover the liability of such a labourer carried in a goods vehicle. Considering the findings of the learned Tribunal as given in the impugned award with regard to the quantum of compensation amount awarded and the basis on which the same has been arrived at, I feel, the interest of justice would be best served if the awarded compensation amount of Rs. 1,43,440/- is modified and reduced to Rs. 1,25,000/-, which is payable to the claimants. The award of interest @9% per annum is also modified and reduced to 7.5% per annum. Accordingly the claimants are entitled to the modified compensation amount of Rs. 1,25,000/- alongwith interest @ 7.5% per annum. The impugned award is modified to the said extent. The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs. 1,25,000/- along with interest @ 7.5% per annum from the date of filing of the claim application with the learned Tribunal within six weeks hence. Out of the deposited amount, 75% shall be kept in fixed deposit in any Nationalised Bank as directed by learned Tribunal and the balance amount shall be disbursed to the claimants. The statutory amount deposited in the Registry of this Court shall be refunded to the appellant-Insurance Company along with accrued interest thereon, on production of receipt of deposit of the awarded compensation amount and interest with the learned Tribunal. M.A.C.A. is accordingly disposed of. MACA disposed of.