Sabitri Sahadeo And Others vs Kandarp Maharana And Another
2022 Latest Caselaw 7527 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1065 of 2017
                 Sabitri Sahadeo and Others                ....                Appellants
                                                                Mr. B.N. Rath, Advocate
                                                -versus-
                 Kandarp Maharana and Another              ....              Respondents
                                              Ms. S. Das on behalf of Mr. P.K. Mohanty,
                                                           counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

19.12.2022 Order No.

06. 1. The matter is taken up through hybrid mode.

2. Heard Mr. B.N. Rath, learned counsel for the claimant - Respondents and Ms. S. Das on behalf of Mr. P.K. Mohanty, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is against impugned judgment dated 28th October, 2017 of the learned 4th MACT, Angul passed in MAC No.171 of 2015, wherein compensation to the tune of Rs.3,20,604/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Dhananjaya Nath Sahadeo in the motor vehicular accident dated 10th November, 2015.

4. Upon hearing both parties and considering all such grounds of challenge including the fact that, admittedly the monthly salary of the deceased was Rs.23,274/- as per salary slips under Ext.9 and Ext.C/1 to Ext.C/3, a further amount of compensation of Rs.18,00,000/- along with 6% interest is proposed to the parties. This is agreed by Mr. Rath, learned counsel for the claimant - Appellants and Ms. Das, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result, the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further compensation of Rs.18,00,000/- (eighteen lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by the learned tribunal.

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

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