Mini Biswal@Pradhan And Others vs Kailas Ray And Another
2023 Latest Caselaw 8491 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    MACA No.747 of 2020
                                Mini Biswal@Pradhan and others              ....        Appellants
                                                                        Mr. P.K.Mishra, Advocate
                                                             -versus-
                                Kailas Ray and another                  ....       Respondents
                                                 Mr. G.P. Dutta, Advocate for Respondent No.2
                           .




                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

03.08.2023 Order No.

04. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellants-

claimants as well as Mr. G.P. Dutta, learned counsel for Respondent No.2-Insurance Company.

2. Present appeal by the claimants is directed against the judgment dated 09.09.2020 of learned 1st M.A.C.T., Cuttack in M.A.C. Case No.130 of 2016, wherein compensation to the tune of Rs.10,78,000/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e. 01.03.2016 on account of death of the deceased in the motor vehicular accident dated 05.02.2016.

3. Mr. P.K. Mishra, learned counsel for the Appellants-claimants submits that, the deceased was a driver of transport vehicle and had the license for the same as per Exts.9 & 10. Therefore, he should be treated as highly skilled labourer at least for assessing his income against the finding of the learned Tribunal to determine his income at Rs.5000/- only.

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 17:33:12

4. The position of DL of the deceased in respect of transport vehicle as per Ext.9 & 10 is not disputed at the Bar. Therefore, treating him as a highly skilled labourer, his income as per the minimum wage rate prevailing at the date of accident, i.e. 05.02.2016, is fixed at Rs.7,200/-, i.e. @Rs.240/- per day. Accordingly, after addition of future prospects to the extent of 40% thereto and deduction of 1/4th towards personal expenses along with grant of appropriate amount towards general damages, the compensation amount is enhanced to Rs.16,01,520/-. As such, the claimants are found entitled for the differential amount since the amount as per the direction of learned Tribunal has already been satisfied.

5. In the result, the appeal is disposed of with a direction to the Respondent No.2 - Insurance Company to deposit differential amount of Rs.5,23,520/- (rupees five lakhs twenty-three thousand five hundred twenty) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 01.03.2016, within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Appellants on such terms and proportion to be fixed by the Tribunal.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 17:33:12