Orissa High Court
The Divisional Manager vs Satyajit Sahoo & Anr on 31 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.808 of 2020
The Divisional Manager, .... Appellant
M/s. Oriental Insurance Co. Ltd.
Mr. G.P. Dutta,
Advocate
-versus-
Satyajit Sahoo & Anr. .... Respondents
Mr. S.K. Dash,
Advocate for the
Respondent Nos.1 & 2
CORAM:
JUSTICE BISWANATH RATH
ORDER
31.08.2021
Order No. I.A. No.1461 of 2020
03. 1. Considering the rival contentions of the parties and finding
no reasonable explanation on the part of the Insurance Company in
filing appeal with delay and making the claimants to wait for reaping
the benefit of award, the delay in filing of the appeal stands
condoned, but subject to the Appellant's paying a sum of Rs.2,000/-
to the Respondent Nos.1 & 2. Since the cost is paid today, nothing
survives in this I.A. to be adjudicated upon by this Court.
2. The I.A. is, accordingly, disposed of.
(Biswanath Rath)
Judge
// 2 //
04. MACA No.808 of 2020
1. This appeal involves a challenge to the judgment of the
learned 2nd Additional District Judge-cum-3rd M.A.C.T., Cuttack in
M.A.C. Case No.1037 of 2017 mainly on the ground Nos.2, 4 & 6
herein. Advancing his submission, Sri Dutta, learned counsel
appearing for the Insurance Company submitted that for the plea of
the parties and material disclosure, there is apparent error in so far as
calculation on the monthly gross income of the deceased, further
absolute silence by the Tribunal on award of treatment expenses pain
and suffering of the deceased. Therefore, a contention is raised by
Sri Dutta that looking to the valuation to the matter, the observation
of the Tribunal so far it relates to wage aspect and treatment
expenses is concerned; should be interfered as a consequence the
compensation should also be modified accordingly.
2. On the contrary, Sri Das, learned counsel appearing for the
respondents submits that looking to the plea and the evidence of
respective parties, there remains no doubt in the calculation aspect
on monthly wage of the deceased involved. Sri Das, claimed there is
absolutely no error in the calculation by the tribunal requiring any
interference in the same.
3. Considering the rival contentions of the parties, this Court
here taking into account the income & treatment expenses of the
deceased, finds force in the submission of the Appellant. In the
entire discussion on the wage aspect and to arrive in the ultimate
compensation, this Court finds, the learned Tribunal has not at all
taken into account the fact that deceased was a minor.
// 3 //
4. Taking into consideration the income & treatment expenses,
demonstrated by the Insurance Company at paragraph nos.4 & 6 of
the memorandum of appeal considering the fact that deceased was a
minor, this Court instead of remitting the matter for reconsideration
of the compensation taking into account the contentions involved
herein, finds a flat deduction of Rs.3,57,072/- will serve the purpose.
This Court, therefore, interfering in the award of Rs.14,57,072/-
reduces the same to Rs.11,00,000/-. The claimant shall also be
entitled to interest at the rate of 6% over and above the reduced
compensation granted by this Court and further the other conditions
of the Tribunal shall also be maintained, but in appropriate
proportionate.
5. Upon deposit of the entire amount alongwith interest in the
trial court within one and half month, receipt being filed in this
Court, Registry shall make arrangement for refund of the statutory
deposit deposited by the Insurance company along with any interest
accrued thereon as on the date of release.
6. With the aforesaid observation and direction, the appeal
stands disposed of.
(Biswanath Rath)
Judge
A.K. Jena
