Orissa High Court
Sashikala Tapaswi & Ors vs Basanta Kumar Behera & Anr on 28 August, 2023
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa,Cuttack
Date: 30-Aug-2023 15:50:56
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.831 of 2015
Sashikala Tapaswi & Ors. .... Appellants
Mr.K.K.Das, Advocate
-versus-
Basanta Kumar Behera & Anr. .... Respondents
Mr.G.P.Dutta, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
28.08.2023
Order No.
11. 1. The matter is taken up through Hybrid mode.
2. Heard Mr. Das, learned counsel for the Appellant and
Mr. Dutta, learned counsel for the Respondents.
3. Present appeal by the Claimants are directed against
judgment dated 8th May, 2015 of 1st MACT, Baleswar in M.A.C.
Case No.334 of 2012, wherein compensation to the tune of
Rs.9,67,000/- has been granted along with interest @7.5% 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 10th October, 2012.
4. Mr.Das submits for the Claimants that the income of
the deceased has been reduced to Rs.7,000/- per month by the
Tribunal without any valid ground though he was receiving
salary of Rs.12,000/- per month.
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa,Cuttack
Date: 30-Aug-2023 15:50:56
5. It is seen that Ext.A is the salary sheet and Ext.9 is the
muster roll, which are produced on behalf of the Claimants.
P.W.2 is the authorized agent of the employer and examined
from the side of the Claimants. He has stated in his evidence that
the deceased was receiving of Rs.4,500/- towards basic pay and
Rs.7,500/- for allowances that includes conveyance allowance,
tiffin allowance and medical allowance etc. But the Tribunal
without considering the amounts so mentioned in Ext.8 and
stated by P.W.2 in his evidence, has reduced the income to
Rs.7,000/- per month whimsically. Such approach of the Tribunal
is disapproved and the income of the deceased is taken at
Rs.12,000/- per month as mentioned in Ext.8 and 8/a in absence
of any rebuttal evidence. The Insurance Company did not
produce any evidence in course of the trial.
6. Accordingly, the loss of dependency is computed at
Rs.22,84,800/-, with addition of future prospect to the extent of
40%. Further, adding Rs.70,000/- towards general damages
including loss of consortium to the widow, the final
compensation is determined at Rs.23,64,800/- payable along with
interest @6% per annum.
7. At this stage, it is submitted the compensation amount
as directed by the Tribunal has already been paid and received by
the Claimants in the meantime. As such, the Insurance Company
is liable to pay the differential amount along with interest.
8. In the result, the appeal is disposed of with a direction
to the Insurer-Respondent No.2 to deposit balance compensation
of Rs.13,97,800/- (Thirteen lakhs ninety seven thousand eight
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa,Cuttack
Date: 30-Aug-2023 15:50:56
hundred) along with interest @ 6% per annum with effect 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 Claimants on such terms and proportion to be fixed
by the Tribunal.
9. The copies of Ext.8 and depositions of P.W.2, as
produced by Mr.Dutt in course of hearing, are kept on record.
10. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
S.Das
