The Sr.Divisional Manager vs Purna Chandra Danta And Others
2021 Latest Caselaw 13032 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.68 of 2021

            The Sr.Divisional Manager,
            M/s.United India Insurance Company
            Limited                                ....       Appellant
                                               Mr.P.K.Mohanty, Advocate
                                       -versus-
            Purna Chandra Danta and others         ....       Respondents
                        Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 3

                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                       ORDER

23.12.2021 Order No.

06. 1. 'Order No.12' be corrected as 'Order No.5' in the order dated 20.12.2021.

2. Heard Mr.P.K.Mohanty, learned Advocate for the Appellant and Mr.P.K.Mishra, learned Advocate for Respondent Nos.1 to 3.

3. The Appellant-Insurer has come up in challenging judgment dated 5th October, 2020 passed by the learned 1st Additional District Judge-cum - 1st M.A.C.T., Cuttack in M.A.C. Case No.1055 of 2016, wherein the learned Tribunal has directed for grant of compensation to the tune of Rs.63,79,224/- along with interest @6% per annum from the date of filing of the claim application i.e., 28th December, 2016.

4. The sole challenge of the insurer is with regard to quantum of compensation. The claimants are the parents and brother of the deceased. The deceased was serving as a Constable in CRPF

under the Commandant, 202, COBRA, Sunabeda, Koraput, Odisha and on the date of accident, he was drawing monthly salary to the tune of Rs.39,335/-. The learned Tribunal holding monthly salary of the deceased at Rs.38,482/- has applied multiplier 18 along with future prospectus and compensation on other conventional heads.

5. It is submitted by the learned counsel for the Appellant that a sum of Rs.13,00,000/- having been paid to the parents of the deceased on account of his death in service as Constable in COBRA Command is liable to be deducted from the compensation amount. It is further submitted that the allowances taken in favour of the income of the deceased was also liable to be deducted as the same cannot be included in income.

6. Having heard Mr.Mohanty, learned counsel for the Appellant and Mr.Mishra, learned counsel for the Claimants-Respondent Nos. 1 to 3 and without getting into the disputes but leaving the question of law open to be decided in appropriate case, the amount of compensation is reduced to Rs.52,00,000/-(Fifty two lakhs) as agreed by learned counsel for the Claimants, considering the undisputed status of deceased as a serving Constable in CRPF under COBRA Command and his age on the date of accident.

7. Accordingly, the Appellant-Insurance Company is directed to deposit a sum of Rs.52,00,000/-(Fifty two lakhs) along with interest @6% per annum from the date of filing of the claim application i.e., 28th December, 2016 before the learned Tribunal within a period of eight weeks from today; where-after the same

shall be disbursed by the learned Tribunal in favour of the claimants in terms of its order with regard to apportionment and fixed deposit.

8. The appeal is disposed of.

9. The statutory deposit made by the Appellant be refunded to him on proper application on production of proof of deposit of the awarded amount before the learned Tribunal.

( B.P. Routray) Judge C.R.Biswal