Soli @ Sulachana Jena And Another vs Chief Executive Officer
2023 Latest Caselaw 3801 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.A. No.316 of 2023

            Soli @ Sulachana Jena and another           ....        Appellants
                                M/s. D. C. Swain and associates, Advocates
                                       -versus-
            Chief Executive Officer, NESCO,         ....        Respondents
            Balasore and another


                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                          ORDER

19.04.2023 Order No. I. A. No.793 of 2023

01. 1. For the reasons stated therein, the application is allowed. The delay of 16 days in filing the appeal is condoned.

W.A. No.316 of 2023

2. The present appeal is directed against the judgment dated 3rd January, 2023 of the learned Single Judge disposing of W.P.(C) No.23491 of 2010 filed by the present Appellants seeking direction to the Respondents to pay them a compensation of Rs.3 lakhs along with interest @12% per annum from the date of the accident.

3. The Appellants are the widow and son of deceased Gouranga @ Bairagi Jena of village Panikoili District Jajpur who is stated to have expired after coming into contact with a live electric line on

10th June, 2021 in the morning hours while cutting bamboo kanis. The learned Single Judge rejected that the stand of the Electricity Department that it was not proved that the deceased died after coming into contact with the live wire belonging to the Department after referring to the Inquest Report and Post-Mortem Report. In the circumstances, the learned Single Judge ordered compensation of Rs.2 lakhs to be paid after noting that there was no proof of the income earned by the deceased at the time of his death. Interest @7% per annum had also been awarded.

4. Considering that the Appellants had prayed for a compensation of Rs.3 lakhs whereas learned Single Judge has awarded Rs.2 lakhs together with interest @7% per annum, the Court sees no real ground made out for interference with the impugned judgment of the learned Single Judge.

5. The appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge M. Panda