Accordingly, both the impugned judgment, award and orders dated 24.2.2011 and 10.03.2011 are hereby set aside by allowing the civil appeals.
The High Court after examining the appeal of the Insurance Company, found fault with the companypensation awarded by the Tribunal at Rs.10,62,000/ in favour of the appellants taking monthly earnings of the deceased at Rs.
The respondent Insurance Company had also filed similar written statement in both the claim petitions denying its liability on the ground that the driver of the offending truck was negligent and that the accident occurred due to the negligence of the driver of the Maruti Car.
579 of 2007 and M.A.C.A. No.844 of 2007.
The companyrectness of the judgment, awards and order passed on 10.3.2011 in Misc.
The Tribunal also recorded the finding of fact holding that the accident took place on account of rash and negligent driving by the driver of the offending vehicle.
On behalf of Rekha Jain, the first appellant herself was examined as a witness PW 3 and two other eye witnesses were examined as PW 1 and PW 2 to prove the occurrence of the accident.
A Case No.118 of 2002 claiming companypensation of Rs.27,00,000/ before the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur hereinafter referred to as the Tribunal .
118/2002 was allowed with interest 6 per annum from the date on which the claim petition was filed and the respondents were directed by the Tribunal to deposit Rs.5,00,000/ each for both the appellants for a period of five years with quarterly interest payable to them.
The owner of the truck since deleted from the array of parties appeared and filed identical written statement in the claim petition as that of the written statement filed in Rekha Jains claim petition.
385 of 2011 in MACA No.
Aggrieved by the above said judgment and award both the Insurance Company as well as the appellants filed appeals before the High Court of Orissa, which were numbered as M.A.C.A. No.
These appeals are filed by the claimants namely Rekha Jain and T.A. Sebastian.
It is stated by the appellants that the deceased was a renowned doctor serving as a lecturer in Odisha College of Homeopathy and Research, Sambalpur and had private practice as well.
2 and 3 that the accident took place on account of rash and negligent driving of the offending truck driver and it was also answered that the claim petition filed by the appellants is maintainable.
The claim petition Misc.
The accident took place on account of rash and negligent driving of the offending truck bearing Regn.
The Tribunal held that the appellants mother died and the first appellant was grievously injured due to the accident involving offending vehicle.
MP 23 D 0096.
Case No.385 of 2011 modifying the earlier direction issued by the High Court to deposit 60 of the awarded amount in any of the Nationalized Bank, is required to be interfered with.
On the basis of documentary and oral evidence particularly eye witnesses evidence, the finding of fact was recorded on issue Nos.
The Tribunal calculated the companypensation by deducting 1/3rd out of the monthly salary towards her personal expenses and her companytribution to the appellants family.
The owner of the offending vehicle has further stated that his driver was number negligent.
The daughter and the husband of the deceased have filed these appeals seeking just and reasonable companypensation on account of the death of the deceased in a motor vehicle accident, which took place on 17.08.2001.
579 of 2007 in the aforesaid appeal and final order dated 24.11.2011 in M.A.C.A. No.844 of 2007 urging rival facts and legal companytentions.
However, the High Court has taken Rs.12,000/ per month as the monthly income of the deceased for the purpose of determining the companypensation in favour of the appellants.
Consequently, issue No.4 was answered by awarding companypensation at Rs.10,62,000/ with 6 interest per annum by accepting the pleading of the appellants that the deceased was a renowned doctor practicing in Government Hospital.
In that process the truck hit the Maruti car causing death of the deceased.
The Tribunal also directed the payment of balance amount and interest on the companypensation in equal proportion to both the appellants in cash.
According to him, the driver of the truck had valid driving licence and the same was insured with Respondent National Insurance Company Limited hereinafter referred to as the Insurance Company .
So also the order dated 10.3.2011 in Misc.
Having regard to the facts, circumstances and the finding recorded by the Tribunal in its judgment, we restore the same in awarding companypensation in favour of the appellants at Rs.10,62,000/ with interest at the rate of 6 per annum.The deceased Dr. Grace Jain died on the spot, as she had sustained grievous injuries on account of the said accident.
as the Insurance Company is aggrieved by fastening of liability and quantum of companypensation and the appellants have prayed for just and reasonable companypensation.
It is stated in the claim petition and in the evidence that the salary of the deceased was Rs.12,000/ per month.
The deceased was traveling alongwith her daughter, the first appellant in her Maruti Car bearing Regn.
Case No.385 of 2011 modifying the order dated 24.2.2011 is challenged wherein the modification was only to the extent of the direction given by the High Court that out of the awarded amount, an amount equivalent to 60 shall be kept in fixed deposit in the name of appellants in any nationalized bank for a period of five years and the balance amount should be disbursed to the appellants.
They have questioned the companyrectness of the judgment and award and order dated 24.2.2011 passed by the High Court of Orissa, Cuttack in MACA No.
12,000/ , in the absence of material evidence produced on record regarding the proof of her monthly salary.
579/2007 is required to be interfered with.
OR 15 D 9005.
Hence, the impugned judgment, award and order passed in the Misc.
Hence, a multiplier of 11 was used for calculating the loss of dependency of the appellants and Rs.10,62,000/ was awarded by the Tribunal, which included Rs.6,000/ towards general damages.
Case number 385/2011 in M.A.C.A No.
Hence, her annual income was assessed at Rs.96,000/ .
The age of the deceased is recorded at about 51 years.
579 of 2007 and order dated 10/03/2011 in MC No.
Gopala Gowda, J. Leave granted by this Court vide order dated 02.07.2013 after companydoning the delay in filing the special leave petitions.
The appellants herein filed claim petition i.e. Misc.
The same is taken as Rs.8,000/ per month.
A motor cyclist suddenly came in front of the truck overtaking him from its left side and hence the driver had to move to the right side in order to avoid accident with the motor cyclist.
