The Divisional Manager vs Shanti Ranjan Panigrahi And ...
2021 Latest Caselaw 12970 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       MACA No.1096 of 2016
                 The Divisional Manager, M/s. Oriental
                 Insurance Company Ltd.                    ....           Appellant
                                                          Mr. S.N. Roy, Advocate
                                             -versus-
                 Shanti Ranjan Panigrahi and Another       ....        Respondents
                                     Mr. S.K. Parhi, counsel for Respondent No.1

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

20.12.2021 Order No.

10. 1. Heard Mr. S.N. Roy, learned counsel for the insurer - Appellant and Mr. S.K. Parhi, learned counsel for the claimant - Respondent No.1.

2. The present appeal is by the insurer challenging impugned judgment dated 28th June, 2016 of the learned 4th MACT, Balasore in MAC Case No.131/84 of 2014-13.

3. In the impugned judgment, learned tribunal upon adjudicating the dispute has directed for payment of compensation to the tune of Rs.13,18,000/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 6th March, 2013 on account of injuries sustained by the claimant in the motor vehicular accident on 17th October, 2012.

4. It is submitted by Mr. Roy, learned counsel for the insurer that the income to the tune of Rs.9000/- of the claimant was erroneously accepted by the learned Tribunal in absence of material substance. It is also submitted that P.W.2, the employer of the claimant admitted in his cross examination to have not maintained any register for payment of salary to the claimant as his Supervisor. Therefore the case of the claimant that he was receiving monthly salary of Rs.9000/- cannot be believed.

5. Having heard both parties and upon perusal of the impugned judgment it is seen that the claimant besides his oral evidence and the evidence of his employer (P.W.2), also adduced the salary certificate under Ext.15 in support of his claim of monthly income to the tune of Rs.9000/-. From the statement elicited in cross-examination of P.W.2 nothing substantial is found to disbelieve the contention with regard to the monthly income supported by Ext.15. Thus, no fault is found in the approach of learned Tribunal in holding the monthly income of the claimant at Rs.9000/- and consequent computation of the amount of compensation.

6. Thus, upon thorough perusal of the impugned judgment and the documents relied upon by the Tribunal in arriving at just compensation on account of injuries sustained by the claimant - Respondent, no merit is found in the present appeal in favour of the insurer. However, the rate of interest is reduced to 6% from 7.5% as directed by the Tribunal.

7. Accordingly the Appellant - insurer is directed to deposit the awarded compensation amount along with 6% interest per annum w.e.f. 6th March, 2013 before the tribunal within a period of eight weeks from today; where-after the said amount be disbursed to the claimant in the same proportion and terms as directed by the Tribunal.

8. 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 before the tribunal.

9. The appeal is disposed of in the above terms.

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

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