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2022 Supreme(Ori) 10
IN THE HIGH COURT OF ORISSA, CUTTACK
B.P. Routray, J.
The Divisional Manager - Appellant
Versus
Sunil Majhi - Respondent
MACA No. 253 of 2019
Decided On : 21-03-2022
Mr. P.K. Panda, Advocate, for the Appellant, Mr. P.K. Mishra, Advocate, for the Respondent.
Interpretation of Sec. 166 of the M.V. Act in granting compensation for injuries sustained in a motor vehicular accident
Headnote:
Compensation - Motor Vehicular Accident - Interpretation of Sec. 166 of the M.V. Act
Fact of the Case:
The appeal is against the grant of compensation to the claimant for injuries sustained in a motor vehicular accident. The appellant argued that the accused driver was a habitual offender of causing road traffic accidents, but the contention was rejected due to lack of evidence.
Finding of the Court:
The court dismissed the appeal and directed the appellant-insurance company to deposit the entire award amount along with interest for disbursement to the claimant.
Issues: Interpretation of Sec. 166 of the M.V. Act, contention regarding the accused driver's history of accidents
Ratio Decidendi: The court rejected the contention that the claim of compensation under Sec. 166 of the M.V. Act would be nullified based on the accused driver's involvement in multiple accidents, citing lack of evidence and logic in the appellant's argument.
Final Decision: The appeal was dismissed, and the appellant-insurance company was directed to deposit the entire award amount along with interest for disbursement to the claimant.
ORDER
1. Heard Mr. P.K. Panda, learned counsel for the Appellant- Insurance Company as well as Mr. P.K. Mishra, learned counsel for the Respondent No.-claimant.
2. Present appeal by the insurer is directed against the common judgment dated 7.9.2018 of learned 1st MACT, Keonjhar in MAC Case No. 156/2017 and MAC Case No. 157/2017. The present appeal is in respect of MAC Case No. 156/2017 wherein learned Tribunal has granted compensation to the tune of Rs.65,000/-along with 7% interest per annum to the claimant from the date of filing of the claim application, i.e.21.7.2017 on account of injury sustained by the claimant in the motor vehicular accident dated 30.4.2017.
3. It is contended on behalf of the Appellant that the accused, who was the driver of the motorcycle bearing Regd. No.OD-09-F-6157 is a habitual offender of causing road traffic accident and two other cases against him is pending at Keonjhar and Cuttack. Therefore, the claim of the present claimant to get compensation on account of injury sustained in the alleged motor vehicular accident is not tenable in the eye of law.
4. This contention of the Appellant is rejected out-right since no evidence with regard to such contention has been brought before the learned Tribunal. Secondly, no logic is there in the contention of the Appellant that because the accused is involved in more than one accident at different points of time, the claim of compensation contemplated under Sec. 166 of the M.V. Act would be nullified on that ground.
5. In the result, the appeal is dismissed and the Appellant-Insurance Company is directed to deposit the entire award amount along with interest in terms of directions of the Tribunal within a period of two months from today which shall be disbursed in favour of the claimant.
6. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.
