Pramila Nayak And Others (In Maca ... vs Mrs. Pramila Samantray And Anr. ...
2021 Latest Caselaw 11474 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.330 of 2019

               MACA Nos.330 and 919 of 2019

               Pramila Nayak and Others                (in MACA No.330/2019)
               Sr. Divisional Manager,
               M/s. Oriental Insurance Co. Ltd.        (in MACA No.919/2019)
                                                           ....       Appellants
                               Mr. D.C. Dey, Advocate in MACA No.330/2019
                               Mr. G.P. Dutta, Advocate in MACA No.919/2019
                                            -versus-

               Mrs. Pramila Samantray and Anr.         (in MACA No.330/2019)
               Pramila Nayak and Others                (in MACA No.919/2019)
                                                           ....     Respondents
                     Mr. G.P. Dutta, Advocate in MACA No.330/2019 for R-2
                   Mr. D.C. Dey, Advocate in MACA No.919/2019 for R-1 to 5


                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

9.11.2021 Order No.

12. 1. Heard Mr. D.C. Dey, learned counsel for the claimants and Mr. G.P. Dutta, learned counsel for the insurer.

2. MACA No.330 of 2019 is by the claimants praying for enhancement of quantum of compensation and MACA No.919 of 2019 is by the Insurer praying to reduce the quantum of compensation.

3. Upon perusal of the impugned judgment it is found that under Issue No.iii, the learned tribunal has taken into account the income of the deceased based upon his salary certificate and also added all the ancillary heads for arriving at just compensation. The said analysis of the learned tribunal in arriving just compensation cannot be faulted with any valid reason. Accordingly, I am not inclined to interfere with the impugned award.

4. Both the appeals are dismissed.

5. It is intimated by the parties that the insurer has not deposited the compensation amount on the ground of pendency of the appeals.

6. Accordingly, the insurer, who is the Respondent in MACA No.330 of 2019 and Appellant in MACA No.919 of 2019, is directed to deposit the awarded amount before the tribunal within a period of eight weeks from today.

7. The statutory deposit be refunded to the insurer in MACA No.919 of 2019 on production of proof of deposit of the awarded amount before the tribunal, on proper application.

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

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