MACA No.532 of 2025

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IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA NO.532 of 2025

CNR No. ODHC010278242025

(An appeal Under Section-173 of M.V. Act, 1988).

Divisional Manager, M/s

United India Insurance Co.

Ltd., Cuttack

… Appellant

-versus-

Lopamundra Das & Others … Respondents

For Appellant : Mr. P.R. Sinha, Advocate,

along with Mr. M. Sinha,

Advocate

For Respondents : Mr. P.K. Mishra, Advocate

(R-1 to 3)

None (R-4)

CORAM:

JUSTICE G. SATAPATHY

DATE OF HEARING & JUDGMENT: 23.09.2026 (ORAL)

G. Satapathy, J.

1. This is an appeal by the appellant-United India

Insurance Co. Ltd., Cuttack (in short, “the insurer”) challenging

the impugned judgment dated 22.08.2024 passed by learned

1

st

Motor Accident Claims Tribunal, Cuttack (hereinafter

referred to as “the Tribunal”) in M.A.C. Case No.53 of 2023

awarding compensation of Rs.62,68,384/- in favour of the

claimants-respondent Nos. 1 to 3.

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2. By the impugned judgment, the appellant was

further directed to pay the aforesaid compensation amount to

the claimant-respondent no. 1 to 3 together with Simple

Interest @ 6% per annum w.e.f.18.01.2023 within a period of

three months thence, failing which the compensation amount

would carry penal interest @ 12%.

3. The facts in this case being not in dispute is not

reiterated to avoid repetition. The appellant-insurer, however,

challenges the impugned award mainly on three grounds such

as:-

(i) The copy of the inquest report reveals about

involvement of unknown truck,

(ii) FIR is silent with regard to involvement of

any particular vehicle,

(iii) Lastly, contributory negligence.

4. Heard Mr. Pratyush Ranjan Sinha, learned counsel

appearing along with Mr. Mahitosh Sinha, learned counsel for

the appellant-insurer and Mr. Pradeep Kumar Mishra, learned

counsel for the claimant-Respondent Nos. 1 to 3, but none

appears for R-4 despite having entered appearance through

counsel Mr. Santosh Kumar Sethi.

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5. After having considered the rival submission upon

perusal of record, it appears that the insurance company has

not at all led any evidence to establish its plea as advanced in

this appeal, however, even otherwise taking into consideration

the pleas of the appellant-insurer, it appears that inquest

report is prepared to know about the apparent cause of death

of a person to be accidental, suicidal or homicidal. Law does

not cast any duty on the authority concerned to precisely

reflect the number of the truck or vehicle while preparing the

inquest report in a accident case. The claim of the poor

claimants cannot be thrown merely because the registration

number of the vehicle is neither mentioned in the inque st

report nor described in the FIR.

6. The only issue that is required to be determined in

a claim for compensation arising out of motor-vehicular

accident is as to whether the accident has occurred due to rash

and negligent driving of the offending vehicle. Once the

charge-sheet is filed indicating therein the death of the

deceased to be on account of rash and negligent driving of the

offending vehicle, the non-inclusion of model and make of the

particular vehicle or its registration number in the FIR or

inquest report makes little bearing on the merit of the case.

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Undoubtedly, the insurer has advanced the plea of contributory

negligence at the appellate stage, but admittedly it has not led

any evidence before the tribunal and the contributory

negligence is a question of fact and can be gone into in the

trial, but unless some evidence is led with regard to

contributory negligence, no finding on contributory negligence

can be recorded. In the aforesaid facts and situation, especially

when the insurance company has not led any evidence to

establish its pleas, the challenge as advanced by the insurer-

appellant at this stage merits no consideration and it cannot be

said that the deceased died out of contributory negligence of

himself and the vehicle in question. Once it is found by t he

tribunal on analysis of evidence that the deceased suffered

death due to rash and negligent driving of the offending

vehicle, the next question comes for adjudication is

determination of compensation amount.

7. In this case, the learned tribunal by the impugned

judgment has directed the appellant to pay the compensation

amount indicated supra to the claimant-respondents which

needs to be re-examined in this appeal, but at this stage, after

making a thorough discussion and negotiation with the learned

counsel for the parties, this Court proposes to the parties an

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amount of Rs.56,00,000/- together with simple interest @ 6%

per annum by waiving out the penal interest @ 12% towards

full and final settlement as compensation and seeks the

response of the learned counsel for the parties, to which Mr.

Pradeep Kumar Mishra, learned counsel for the claimant-

Respondent Nos. 1 to 3 by filing a memo agrees and accepts

the proposal, but Mr. Pratyush Ranjan Sinha, learned counsel

appearing along with Mr. Mahitosh Sinha, learned counsel for

the appellant-insurer leaves it to the discretion of this Court.

8. In the aforesaid facts and situation and taking into

account the law laid down by Apex court in Taslim Parvin &

Another vrs. (Smt.) Usha Devi & Another; 2018(2) TAC

22 (SC), since the claimant-respondent Nos. 1 to 3 agrees to

the proposal of the Court through their counsel and the counsel

for the appellant-insurer without disputing to such proposal

leaves it to the discretion of the Court, it is considered that

interest of justice would be best served, if the compensation

amount is reduced to Rs.56,00,000/- together with simple

interest @ 6% per annum w.e.f. the date of filing of the claim

application i.e. 18.01.2023 till its realization which shall be paid

by the insurer to the surviving claimants-respondents.

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9. In the result, the appeal is accordingly disposed of

with modification of compensation amount to Rs.56,00,000/-

(Rupees Fifty Six Lakhs) together with simple interest @ 6%

per annum w.e.f. the date of filing of the claim application i.e.

18.01.2023 till its realization and this Court accordingly directs

the insurance company to pay the compensation amount within

eight weeks hence. In case of payment of the modified

compensation amount, the same shall be disbursed to the

claimant-respondents proportionately and the statutory deposit

together with the accrued interest thereon be refunded back on

receipt of deposit of modified compensation by the Appellant

before the learned Tribunal. Needless to say, the court fee be

realized from the claimants in accordance with law.

(G. Satapathy)

Judge

Orissa High Court, Cuttack,

Dated the 23

rd

day of September, 2026/Jayakrushna