REBEKA MINZ Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) These appeals at the instance of the claimants before the Motor Accidents claims Tribunals challenge the common order of the High Court of Orissa, Cuttack dated 05.03.2009 passed in MACA No.821 of 2007 and MACA No.953 of 2007. MACA No. 821 of 2007 was preferred by the appellants while MACA No.953 of 2007 was preferred by the first respondent-Insurance company in the High Court. The husband of the first appellant died in an accident on 04.01.1995 when he was returning from the plant site on a scooter bearing registration No. OR-06-7703 around 6.30 a.m. near NALCO Nagar on NH- 42 at a place called Smelter Chhak, due to rash and negligent driving of the driver of the truck bearing registration No. ORA-4241.

(2.) The appellants being the wife and children of the deceased preferred the claim before the Motor Accidents Tribunal in MAC case No.21 of 1995. The Tribunal, after analyzing the entire evidence placed before it, awarded a sum of Rs. 10,08,000/- as compensation along with interest at the rate of 7% per annum with effect from 03.02.1995 to 22.08.1995 and again from 16.01.2007 till the payment within one month. While the appellants were aggrieved insofar as the Tribunal applied the multiplier 12 instead of 17, having regard to the fact that the deceased at the time of his death was 35 years old as well as non-grant of interest for certain period, the first respondent was aggrieved of the very award of compensation itself. The High Court while disposing of the appeal reduced the compensation awarded by the Tribunal and also the rate of interest by holding as under:-

(3.) At the very outset, it is needless to state that the High Court while reducing the quantum of compensation as well as the rate of interest failed to assign any reason. The impugned order of the High Court being a non- speaking order calls for interference in these appeals.