ORIENTAL INSURANCE COMPANY LTD Vs. UMA SANKAR GUPTA

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the Judgment/Award dated 4.10.2001 passed by the Shri A.K.Das, Addl. District Judge cum-M.A.C.T., Nabarangpur in M.J.C. No.46 of 2000 in allowing the application filed by the petitioner by answering the contentious issues in favour of the respondent/claimant and fastening the liability upon the appellant-Oriental Insurance Company to pay sum of Rs. 1,55,000/- ( Rupees One Lakh Fifty Five Thousand) with interest @ 9% per annum from the date of application within a period of thirty days, in default it shall be liable to pay interest @ 12% per annum on the awarded amount till realization urging various grounds.

(2.) The ground of attack on the quantum of compensation awarded in this impugned judgment by the Tribunal is that the compensation awarded is more than the claim made by the claimant at Rs. 65,000/-. Therefore, the impugned judgment is bad in law and liable to be set aside and prayed for modification of the same by awarding compensation at Rs.65,000/- and the penal interest awarded is arbitrary, unreasonable and therefore liable to be set aside. The second ground of attack of the impugned judgment is that Respondent No.2 who is the custodian of the driving licence has failed to produce the same and the fact of non-production of the driving licence, the Tribunal ought not to have awarded the compensation in favour of the respondent/claimant fastened the liability upon the Insurance Company and further the Tribunal ought to have seen the driving licence which is a fake one and there is violation of the terms and condition of the policy in allowing the driver who did not possess effective and valid driving licence. Therefore, the Tribunal ought not to have awarded compensation in favour of the first respondent/claimant.

(3.) This Court has called upon the learned counsel for the appellant to make submission with reference to the judgment of the Hon'ble Supreme Court in the case of Delhi Electric Supply Undertaking Vs. Basanti Devi & Anr., 2000 AIR(SC) 43, as to why the compensation in the appeal filed by the Insurance Company shall not be enhanced if the compensation awarded in favour of the claimant in the impugned judgment is inadequate and his legitimate right to get adequate compensation had not been determined and awarded just and reasonable compensation keeping in view the decision of the Supreme Court in the case of Lata Wadhwa Vs. State of Bihar, 2001 8 SCC 197 wherein the Apex Court has laid guiding principles to award compensation in respect of minor children died in an accident who have no independent income. The minor children were divided into two groups, i.e. the first group between the age group of 5 to 10 years and the second group between the age group of 10 to 15 years. The guiding principle laid down in the aforesaid case has to be followed by the Tribunal for the purpose of awarding compensation. This Court has applied the above referred case in W.P.(C) No. 3214 of 2010 and batch of cases in the case of Guri Behera Vrs. Divisional Railway Manager, East Coast Railway, Khurda Road, Jatni etc and awarded just and reasonable compensation in favour of the petitioners in those cases.