National Insurance Co. Ltd vs Jagarmani Behera And Others
2021 Latest Caselaw 11523 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MACA No.242 of 2015

            National Insurance Co. Ltd.                ....         Appellant
                                                    Mr.Amitav Das, Advocate
                                     -versus-
            Jagarmani Behera and others         ....        Respondents
                        Mr.L.Bhuyan, Advocate for Respondent Nos.2 & 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY


                                        ORDER

10.11.2021 Order No.

10. 1. Heard Mr.Das, learned counsel for the Appellant and Mr.Bhuyan, learned Advocate for Respondent Nos.2 and 3.

2. The present appeal is against the award dated 28th October, 2014 passed by the 4th MACT, Keonjhar, wherein Respondent No.2 has been granted compensation of Rs.8,95,540/- and Rs.9,95,540/- to Respondent No.3 along with 7% interest per annum from the date of filing of the application i.e., 3.1.2011.

3. Upon perusal of the impugned judgment, it is found that the income of the deceased has been taken at Rs.12,323/- per month and multiplier 13 has been applied. Further 30% towards future prospectus along with other ancillary heads has been added to determine the final compensation amount stated above.

4. Upon considering the submissions of the parties towards dispute about application of the multiplier as well as the count towards future prospectus, in the spirit of Lok Adalat it is directed that a total sum of Rs.15,00,000/-(fifteen lakhs) be paid to both the claimants, which shall serve the purpose. The aforesaid amount of Rs.15,00,000/- along with interest @ 6% per annum from 3.1.2011 shall be deposited by the appellant - insurer within a period of eight weeks from today. The aforesaid total amount shall be disbursed in favour of the claimants-Respondents 2 & 3 (Shantilata Behera @ Aruk and Ghanashyam Behera) in the ratio of 40: 60, and 75% of the amount granted in favour of each of the claimants shall be kept in fixed deposit in any Nationalized Bank for a period of five years from the date of disbursement. It goes without saying that the direction for payment of penal interest made by the Tribunal is waived.

5. 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.

6. The appeal is disposed of accordingly.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal