Akshaya Kumar Sahoo And Others vs Debendra Kumar Nayak And Another
2023 Latest Caselaw 3663 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.65 of 2022
                 Akshaya Kumar Sahoo and Others           ....        Appellants
                                                       Mr. A.P. Bose, Advocate
                                            -versus-
                 Debendra Kumar Nayak and Another         ....      Respondents
                                    Mr. P. Sinha, Advocate for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

18.4.2023 Order No.

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

2. Heard Mr. A.P. Bose, learned counsel for the claimant - Appellants and Mr. P. Sinha, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against impugned judgment dated 25th November, 2021 of learned 3rd MACT, Kendrapara passed in MAC Case No.9 of 2018, wherein compensation to the tune of Rs.5,74,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 15th January, 2018 has been granted on account of death of deceased Swarnalata Sahoo in the motor vehicular accident dated 13th November, 2016.

4. The entire dispute is on quantification of compensation amount. According to the claimants the deceased was earning her livelihood from tailoring profession and this was disbelieved by learned tribunal. Her income was fixed at Rs.3000/- per month. However, considering the submissions advanced from the side of the claimants and keeping in view the rate of minimum wages prevalent on the date of accident, a further consolidated sum of Rs.4,25,000/- is proposed to the parties. This is agreed by Mr. Bose, learned counsel for the claimant - Appellants and Mr. Sinha, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.4,25,000/- (four lakhs twenty five thousand) before the tribunal 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 learned tribunal.

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

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