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2017 DIGILAW 238 (SC)

Tusi @ Baijayanti Pattanaik v. Divisional Manager, National Insurance Company Ltd.

2017-02-09

DIPAK MISRA, R.BANUMATHI

body2017
ORDER : Leave granted. 2. Heard Mr. Hitendra Nath Rath, learned counsel for the petitioner and Mr. Rohit K. Sinha, learned counsel for the respondent. 3. The husband of the appellant met with an accident and sustained injuries to which he ultimately succumed. The wife, the minor child and the parents as claimants instituted M.A.C. Case No. 11/2011 before the learned Additional District Judge-cum-4th Motor Accidents Claim Tribunal, Angul (for short "the Tribunal") putting forth a claim for Rs. 15,00,000/- (Rs. fifteen lakhs). 4. The Tribunal upon consideration of material brought on record awarded a sum of Rs. 13,97,000/- (Rs. thirteen lakhs and ninety seven thousand) along with interest at the rate of 8% per annum from the date of filing of the claim petition till its realization. 5. On an appeal being preferred the High Court noted the amount determined by the Tribunal and opined that the same was in excess and reduced it to Rs. 9,56,000/- (Rs. nine lakhs and fifty six thousand). 6. On a perusal of the order passed by the High Court we find that no reason has been ascribed. In fact, it is an extremely cryptic order. In our considered opinion the learned Single Judge would have been well advised to ascribe some reasons if it was of the view that the amount deserved to be reduced. There has to be a valid and cogent reasons while passing of a judgment or order. When people in distress approach the Tribunal and the amount has been granted on appreciation of certain aspect, the appellate court has to appreciate the evidence and thereafter express any view. It cannot arbitrarily modify the quantum that makes the order totally unsustainable. 7. It is submitted by Mr. Hhitendra Nath Rath, learned counsel for the appellant that the deceased has left behind his wife, minor child and the parents and he was the sole bread winner and was Tyre Mistry in M/s Tripure Coal Transport Private Ltd. (TCTPL), Bharatpur, MCL, Talcher and the Tribunal had determined the monthly income at Rs. 9000/- after deducting the one-fourth of the amount towards expenditure on himself and applied the multiplier of 17. To the aforesaid, it added the certain amount for loss of consortium and other benefits eventually which came to Rs. 13,97,000/- (Rs. Thirteen lakhs and ninety seven thousand). 8. 9000/- after deducting the one-fourth of the amount towards expenditure on himself and applied the multiplier of 17. To the aforesaid, it added the certain amount for loss of consortium and other benefits eventually which came to Rs. 13,97,000/- (Rs. Thirteen lakhs and ninety seven thousand). 8. In our considered opinion the amount that was determined by the Tribunal was just and reasonable and there was no justification on the part of the High Court to reduce the same. Therefore, we allow the appeal, set aside the order passed by the High Court and restore that of the Tribunal. The balance amount shall be deposited by the insurer within three months before the Tribunal and the same shall be disbursed to the claimants in accordance with the principle enunciated in General Manager, SRTC, Kerala v. Susamma Thomas, (1994) 2 SCC 176 . There shall be no order as to costs.