Orissa High Court
The Divisional Manager vs Surendra Nayak And Others on 26 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.105 of 2022
The Divisional Manager, .... Appellant
M/s.Oriental Insurance Co. Ltd.
Mr.S.K.Mohanty, Advocate
-versus-
Surendra Nayak and others .... Respondents
Mr.Ashok Das, Advocate for Respondent Nos.1 to 5
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
26.8.2022
Order No.
04. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Mohanty, learned counsel for the Appellant-
Insurer and Mr.Das, learned counsel for claimants-Respondent
Nos.1 to 5.
3. Present appeal by the Insurer-Appellant is against the
judgment dated 23rd December, 2021 of the Member, 2nd MACT
(SD), Berhampur in MAC Case No.178 of 2018 (185/2010-
GDC), wherein compensation to the tune of Rs.6,19,960/- has
been granted along with interest @6% per annum with effect
from the date of filing of the claim application on account of
death of the deceased in the motor vehicular accident on 25th
March, 2010.
4. It is submitted on behalf of the Appellant that for the
delay in pendency of the claim application, the Insurer is not
liable to pay the interest amount. Secondly, the Tribunal has
committed error in accepting the income of the deceased at
Rs.3,300/- per month, which should be limited to Rs.2,700/-
taking the minimum rate of wages at Rs.90/- per day for an
unskilled labourer.
5. Having heard Mr.Das, learned counsel for the
claimants-Respondents and upon perusal of the impugned award,
it reveals that the Tribunal has though said at paragraph-7 of the
impugned judgment that the claim application was kept pending
from the year 2010 till 2018 but no such reasons could be
attributed on the claimants for such pendency. Further, no such
material could be placed on record to show any negligence on the
part of the claimants for delayed disposal of the claim application.
Thus the contention made to waive the interest is rejected.
6. Next coming to the challenge raised with regard to
quantum of compensation, it is seen that as per the claim of the
applicants the deceased was earning Rs.6,000/- per month from
vegetable business, but the Tribunal disbelieving such contention
of the claimants in absence of any proof has fixed his monthly
income notionally at Rs.3,300/- per month at the rate of Rs.110/-
per day as unskilled labourer. But the fact remains that as per
Notification dated 6272 dated 13th July 2009, the prescribed
minimum wages for unskilled labourer on the date of accident
i.e., 25th March 2010, was Rs.90/- per day. Thus on such ground
the approach of the Tribunal is found erroneous and accordingly,
the income of the deceased is fixed at Rs.2,700/- per month at the
rate of Rs.90/- per day.
7. Therefore, the total amount of compensation is liable to
be reduced. Upon computation of loss of dependency with
addition of 40% towards future prospects and deducing 50%
towards personal expenses and further adding loss of filial
consortium to Claimant nos.1 & 2 to the tune of Rs.40,000/- each
with Rs.30,000/- towards general damages, the total
compensation is modified to Rs.5,18,240/-, rounded to
Rs.5,20,000/-(Five lakhs twenty thousand).
8. In the result, the appeal is disposed of with a direction
to the Appellant-Insurer to pay the modified compensation of
Rs.5,20,000/- (Five lakhs twenty thousand) with interest @6%
per annum from the date of filing of the claim application within
a period of two months from today, which shall be disbursed in
favour of the claimants on such terms and proportion to be fixed
by the Tribunal.
9. The statutory deposit made by the Appellant with
accrued interest thereon be refunded to him on proper application
and on production of proof of deposit of the award amount before
the learned Tribunal.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
