Authorized Signatory vs Fulamani Bhengera And Another
2021 Latest Caselaw 12462 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.300 of 2021

                 Authorized Signatory, HDFC ERGO
                 General Insurance Company Ltd.           ....           Appellant
                                                  Mr. Adam Ali Khan, Advocate
                                            -versus-
                 Fulamani Bhengera and Another            ....        Respondents
                       Mr. Pradeep Kumar Mishra, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

04.12.2021 Order No.

03. 1. Heard Mr. Khan, learned counsel for the Appellant and Mr. Mishra, learned counsel for the claimant - Respondent No.1.

2. The present appeal by the insurer has been directed against the judgment dated 27th April, 2021 of the learned 1st MACT, Angul in MAC Case No.126 of 2019.

3. In the impugned judgment learned tribunal upon adjudicating the dispute has granted compensation to the tune of Rs.18,72,120/- 7,10,000/-along with simple interest @ 7% per annum from the date of filing of the claim application, i.e. 24th February, 2021 on account of death of the deceased in the accident dated 19th November, 2018. The deceased was unmarried and the mother is the claimant.

4. It is submitted on behalf of the appellant that the learned Tribunal has committed error while computing the monthly income of the deceased as a driver without any supporting documents at Rs.12,900/- per month based on the oral evidence of P.W.1, the claimant.

5. Having heard Mr. Mishra, learned counsel for the claimant - Respondent and considering the materials brought on record with regard to the income of the deceased, his income is fixed at Rs.370/- per day as a skilled labour as per the wages prevailing in the year 2018 for skilled labour. Accordingly the awarded amount is reduced to Rs.14,00,000/- and Mr. Mishra agrees for the same.

6. Accordingly the Appellant - insurer is directed to deposit the modified compensation amount of Rs.14,00,000/- (fourteen lakhs) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 24th February, 2021 before the learned Tribunal within a period of 8 weeks from today which shall be disbursed to the claimant - Respondent in the same terms as directed by the Tribunal.

7. The statutory deposit made by the appellant before this court along with accrued interest be refunded to the Appellant - insurer on proper application and on production of proof of deposit of the awarded amount with interest before the tribunal.

8. The appeal is accordingly disposed of.

9. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda