Orissa High Court
The Divisional Manager vs Pravasini Kandiyan And Others on 15 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.6 of 2022
The Divisional Manager, M/s.United .... Appellant
India Insurance Co. Ltd.
Mr. S.K. Mohanty, Advocate
-versus-
Pravasini Kandiyan and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1& 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
15.03.2022
Order No.
02. 1. Heard Mr. S.K. Mohanty, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Mishra, learned counsel
for the Respondent Nos.1 & 2-claimants.
2. Present appeal by the insurer is directed against the judgment
dated 9.9.2021 of the learned 3rd MACT, Jagatsinghpur in MAC
Case No.410 of 2015 wherein the learned Tribunal has granted
compensation to the tune of Rs.57,12,000/- along with 7%
interest per annum to the claimants from 20.11.2015 on account
of death of the deceased in the motor vehicular accident dated
06.08.2015.
3. As submitted by Mr. S.K. Mohanty, learned counsel for the
Appellant, the challenge is confined to the only ground that while
computing monthly income of the deceased, the learned Tribunal
has committed grave error by taking the gross salary of the
deceased without deduction of statutory tax amount. He fairly
submits that no other ground mentioned in the appeal is pressed
for except the prayer for reduction of rate of interest to 6% per
annum.
4. Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 &
2 fairly agrees to the submission that the Tribunal has taken gross
income of the deceased without any statutory deduction.
5. Having heard both the parties and upon perusal of the
impugned judgment, it reveals that the learned Tribunal while
determining the monthly income of the deceased has fixed the
same at Rs.29,177/- at paragraph 8 of the judgment. The deceased
was aged about 33 years and working as Havildar of Police.
6. Considering the challenges advanced, a reduced compensation
to the tune of Rs.54,50,000/- along with 6% interest is proposed
to the parties in course of hearing. Mr. P.K. Mishra, learned
counsel for the claimants-Respondent Nos.1& 2 agrees to the
same and Mr. S.K. Mohanty, learned counsel for the Appellant-
Insurance Company leaves it to the discretion of the Court. The
compensation amount is accordingly fixed to that extent.
7. Accordingly, the Insurance Company is directed to deposit the
modified amount of Rs.54,50,000/- (rupees fifty-four lakhs fifty
thousand only) along with interest @6% per annum from
20.11.2015 before the learned Tribunal within a period of two
months from today; where-after the same shall be disbursed in
favour of the claimants on such terms and proportion as directed
by the Tribunal.
8. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
application before this Court, the statutory deposit made before
this Court with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
9. The MACA is disposed of with aforesaid directions.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
