Orissa High Court
MACA/124/2020 on 19 March, 2021
MACA No.124 of 2020
I.A. No.295 of 2021
04. 19.03.2021 This is an application for condonation of
delay of 103 days in filing the appeal.
Considering the rival contentions of the
parties, this Court condones the delay in filing the
appeal subject to payment of cost of Rs.2,000/- (Two
thousand) only, which is paid to the claimants-
respondent nos.1 and 2 in Court today.
I.A. stand disposed of.
..................................
Biswanath Rath, J.
MACA No.124 of 2020
05. 19.03.2021 On consent of the parties, the appeal is
taken up for final disposal.
Heard Mr.S.K. Mohanty, learned counsel for
the appellant-Insurance Company and Mr.B.Singh,
learned counsel for the claimant-respondent nos.1 and
The present appeal arises out the judgment
& award dated 31.07.2019 passed by the Motor Accident
Claims Tribunal-1, Bhadrak in M.A.C. Case No.103 of
2015.
During course of submission, taking this
Court to the finding on the aspect of wages into
account, Mr. Mohanty, learned counsel for the Insurance
Company attempted to show that there is no evidence
on record to prove that deceased was getting wages of
uks
Rs.8,400/- per month. It is also urged that in absence of
any materials particularly wage determination aspect
appears to be hypothetical. Further in absence of any
evidence on wage aspect, learned Tribunal should have
taken the minimum wage prevailing at that point of
time.
Referring to Ground No.'C', learned counsel
for the Insurance Company submitted that the deceased
was not holding a valid driving licence at the time of his
accidental death. It was also not believable that the
driver of the other vehicle had not sustained any injury
in that accident. Insurance Company accordingly sought
indulgence of this Court to set aside the award of the
learned Tribunal.
Considering the rival contentions of the
parties and taking into account the grounds taken in the
appeal, particularly in absence of any concrete material
to establish wages but however keeping in view the year
of accident, this Court instead of remitting back the
matter feels it appropriate to reduce the awarded
amount from Rs.8,37,000/- (Rupees Eight lakhs thirty
seven thousand) to Rs.7,60,000/- (Rupees Seven lakhs
sixty thousand) only. The Insurance Company is also
directed to deposit the modified awarded amount with
modified interest @7% per annum from the date of
award, before the Motor Accident Claims Tribunal-I,
Bhadrak in M.A.C. Case No.103 of 2015, within a period
of six weeks hence and the same shall be disbursed in
favour of the claimant(s) proportionately as per the
terms & conditions in the order of the Tribunal, but upon
sufficient proof of identification before the Tribunal
within a period of two weeks thereafter. On deposit of
the awarded amount before the Tribunal and filing of a
receipt before this Court in token of such deposit with a
refund application, the statutory deposit with accrued
interest thereon shall be refunded to the Insurance
Company.
With the aforesaid observation and direction
the MACA stand disposed of.
..................................
Biswanath Rath, J.
