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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Divisional Manager, M/s. National Insurance Co. Ltd., Cuttack – Appellant
Versus
Krushna Chandra Dixit – Respondent
Judgment :
G. Satapathy, J.
1. The appellant-National Insurance Company Limited (in short, the “insurer”) is subjected to this appeal by the impugned judgment dated 21.10.2017 passed by the III Motor Accident Claims Tribunal, Bhadrak (in short, the “Tribunal”) in MAC Case No.29 of 2011 directing the insurer to pay Rs.17,00,670/- only to the claimant-respondent Nos.1 to 6 together with simple interest @ 7% per annum w.e.f. 19.04.2011 till its actual realization.
2. Briefly stated, the claimant-respondent Nos.1 to 6 herein being the Legal Representatives (LRs) of one Kedarnath Dixit (hereinafter referred to as, the “deceased”) a Storage Agent by profession had approached the learned Tribunal in an application U/S.166 of the Motor Vehicle Act (in short, the “Act”) for compensation towards death of the deceased on 23.12.2010 at about 4 PM at Ranital Bazar in a motor vehicular accident, while travelling from Maitapur to Bhadrak as a pillion rider on the motor cycle of Om Prakash Nayak bearing Registration No.OR-22E-0699 (hereinafter referred to as, the “offending motor cycle”) being ridden in rash and negligently when the motor cycle hit the road divider. According to the claimant- respond
The court established that the deceased's intoxication did not contribute to the accident, emphasizing the rashness of the motorcyclist, hence the insurer was fully liable for compensation.
In determining compensation for death in motor accidents, contributions to negligence must be substantiated by clear evidence, with a focus on established income and future prospects of the deceased.
The court found that mere consumption of alcohol by the deceased did not bar compensation claims as it lacked evidence of contributing to the accident, affirming that liability rests upon the neglige....
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
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