MACA/973/2015
2021 Latest Caselaw 2923 Ori

                            MACA No.973 of 2015




7.   26.02.2021           Heard   Mr.   M.    Mohanty,         learned    counsel   for
                  Appellants, Mr. B.K. Moahnty, learned counsel for
                  Respondent No.1 and Mr. P.K. Panda, learned counsel for
                  the Respondent No.2.
                          This appeal involves a challenge to the judgment
                  and award dated 30th July, 2015 passed by the learned
                  IIIrd   MACT,    Balasore       in    MAC     Case     No.33/42    of
                  2011/2008.
                          Undisputed fact involved in this matter is, on
                  23.01.2008 at about 3.20 P.M. the deceased along with
                  his friend one Nityananda Paramakik while returning
                  from Aska to Berhampur on Government duty riding one
                  Hero Honda Motor cycle and keeping to the left on N.H.-
                  217 near Podingi Chhak the offending bus OR-07L-2819
                  dashed their motor cycle from the front side while
                  overtaking a truck and ran over the deceased and his
                  friend. Due to such accident both of them died instantly.
                  On      being   reported    a        P.S.   Case     bearing   No.13
                  dtd.23.01.2008 was registered. It is stated that the
                  accident took place due to rash and negligent driving of
                  the driver of the offending bus. The offending bus was
                  insured vide Police No.2008/2705, which was valid up to
                  31.10.2008. The deceased being an Ex.O.S.C.S. and Asst.
                  Settlement Officer at Jeypore was getting salary of
                  Rs.19,228/- per month. On his pre-mature death the
                  dependents leading a precarious life filed MAC Case
                  No.33/42 of 2011/2008 before the IIIrd MACT, Balasore
                  seeking compensation and the IIIrd MACT, Balasore while
                  deciding the case in favour of the climants awarded a
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       sum of Rs.34,96,060/- by its judgment and award dated
       30th July, 2015.
             Challenging the said judgment and award the
       claimants     have    filed   this    present   appeal   seeking
       enhancement of the compensation amount on the
       premises      that   there    is     improper   assessment   on
       dependancy factor.
             Considering the rival contentions of the parties and
       keeping in view that there is assessment of 1/3rd
       dependancy instead of 1/4th, which is not disputed by
       the opponent, this Court, accordingly, interfering in the
       impugned award only on this aspect, enhances the
       awarded amount at a further consolidated sum of
       Rs.2,00,000/- (Rupees Two lakh only). The Insurance
       Company is directed to deposit the aforesaid amount
       before the Tribunal within a period of six weeks hence
       and the same shall be disbursed in favour of the
       claimant(s) proportionately upon submission of sufficient
       proof before the Tribunal within a period of two weeks
       thereafter.
             With the aforesaid observation and direction the
       MACA stands disposed of.
             Issue urgent certified copy as per rules.


Ayas
                                              ..............................

(Biswanath Rath, J.)