New India Assurance Co. Ltd vs Padmabati Swain And Others
2021 Latest Caselaw 11732 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.137 of 2021
                 New India Assurance Co. Ltd.             ....           Appellant
                                                  Mr. Mahijosh Sinha, Advocate
                                          -versus-
                 Padmabati Swain and Others               ....        Respondents
                         Mr. Jitendra Mohanty, counsel for Respondent Nos.1-3
                        Mr. Bijay Kumar Mohanty, counsel for Respondent No.4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

15.11.2021 Order No.

05. 1. Heard Mr. M. Sinha, learned counsel for the Appellant -

Insurer, Mr. J. Mohanty, learned counsel for Claimants - Respondent Nos.1-3 and Mr. B. K. Mohanty, learned counsel for the owner - Respondent No.4.

2. The judgment dated 31st March, 2021 has been assailed by the insurer in the present appeal.

3. The deceased was working as a labourer in the vehicle in question, i.e. truck bearing registration No.OR 05 AF 9925. He died on 11th November, 2016 on account of an accident occurred on 1 st November, 2016.

4. It is submitted by Mr. Sinha, learned counsel appearing for the Appellant - insurer that the Commissioner has arrived at an erroneous conclusion to arrive at just compensation or Rs.10,21,215/-. As per his submissions it should be much lesser than that since no wage record in respect of the deceased was produced on record and in absence of the same, the learned Commissioner has fixed it at Rs.6000/- per month.

5. Having heard all parties present before this court and considering the nature of work of the deceased as well as his medical treatment expenses due to the injuries sustained in the accident and the status of the deceased as helper of a truck, in my considered opinion a consolidated amount of Rs.6,80,000/- would serve the purpose. The Claimants - Respondents 1 to 3 as well as the owner - Respondent No.4 agree with the said amount.

6. Accordingly, learned Commissioner is directed to disburse the aforestated amount of Rs.6,80,000/- along with accrued interest on the said amount within a period of eight weeks from today and the rest amount as deposited by the insurer before the Commissioner be refunded to them with accrued interest thereof, proportionately.

7. With the aforesaid observations the appeal is disposed of.

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

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