The court affirmed that compensation for loss of life must adhere to statutory provisions, ensuring that penalties for late payment are not imposed contrary to law.

JUDGMENT :

G. Satapathy, J.

1. Since these two appeals involve common question of facts and law, the same are taken up and heard together and disposed of by this common judgment.

2. The impugned judgment dated 16.09.2023 passed by learned 3^rd Motor Accident Claims Tribunal, Cuttack (hereinafter referred to as “the learned tribunal) in MAC Case No.1258 of 2019 is under challenge in both these appeals filed U/S.173(1) of the Motor Vehicles Act, 1988 (in short “the Act”).

2.1 By the impugned judgment, the Insurance Company-M/S. New India Assurance Co. Ltd. (in short the “insurer”) is directed to pay a sum of Rs. 1,14,51,118/- together with simple interest @ 6% per annum w.e.f. 14.10.2019 till its actual realization to the claimants- applicants as compensation for the death of one Suryakant Upadhyay (hereinafter referred to as “the deceased”) in a motor vehicular accident with further stipulation of payment of penal interest @ 12% per annum on the compensation amount so assessed, if the same is not paid within two months from the date of passing of the impugned judgment.

3. These two appeals arise out of one proceeding for compensation before learned tribunal for the death of the deceased in vehicular accident that took place on 03.09.2019 at about 10.50 AM when the deceased was coming from NTPC Darlipali to Sundargarh along with his colleague namely Susmita Kaviraj on a scooty bearing Registration No.TS-22A-7481, suddenly a trailer bearing Registration No. OD-16-D-3941 (hereinafter referred to as the “offending vehicle”) coming in a rash and negligent manner and dashed the scooty at Sadar Chowk, Bandhapali, Sundargarh resulting in death of the deceased. The accident was in fact registered vide Sundargarh Sadar PS Case No. 170 of 2019 which culminated in submission of charge sheet, but the legal representatives(claimants) of the deceased approached the learned tribunal in an application U/S. 166 of the Act, for grant of compensation towards death of the deceased by impleading the owner and the insurer of the offending vehicle and claiming the deceased to be earning Rs. 70,439/- per month from his salary and the accident causing loss of not only the life of their sole bread earner, but also for losing the amount so contributed by the deceased to the family. Accordingly, the claim of the applicants was registered vide MAC Case No. 1258 of 2019.

4. In response to the notice in MAC Case No. 1258 of 2019, the owner of the offending vehicle did not appear and he was accordingly set exparte, but the insurer of the offending vehicle contested the claim by filing written statement denying its liability and inter-alia asserting the claim to be not maintainable either in law or facts on the ground of deceased dying in the motor vehicular accident due to his own negligence. In addition, the insurer in its written statement had not only disputed the age, occupation and income the deceased, but also had disowned its liability to indemnify the owner of the offending vehicle for the driver being not in possession of a valid and effective driving license.

5. On inter se pleadings between the parties, the learned tribunal stuck as many as five issues and allowed the parties to lead the evidence. The claimant accordingly examined three witnesses vide PW1 to PW3 and relied upon 23 documents under Ext.1 to Ext.23 as against no evidence whatsoever by the insurer. After analyzing the evidence on record upon hearing the parties, the learned tribunal passed the impugned judgment directing the insurer to pay the compensation amount as indicated supra. Being aggrieved with the impugned judgment, the claimants-applicants preferred appeal in MACA No.966 of 2023 challengin