Orissa High Court
The Divisional Manager vs Arati @ Arada Sahu @ Banka And on 7 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.363 of 2022
The Divisional Manager,
M/s.Oriental Insurance Co. Ltd. .... Appellant
Mr.G.P.Dutta, Advocate
-versus-
Arati @ Arada Sahu @ Banka and
others .... Respondents
Mr.J.Sahu, Advocate for Respondent Nos.1 & 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
7.1.2023
Order No.
4. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Dutta, learned counsel for the Appellant-
Insurer and Mr.Sahu, learned counsel for claimants-Respondent
Nos.1 & 2.
3. Present appeal by the Insurer is directed against the
judgment dated 11th April, 2022 of the 1st M.A.C.T., Balangir, in
M.A.C. Case No.115 of 2013, wherein compensation to the tune
of Rs.7,83,320/- has been granted along with interest @7% 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 11th April, 2012.
4. Mr.Dutta submits that the Tribunal has erred in
computing the compensation by taking monthly income of the
deceased at Rs.4,575/-, though the rate of minimum wages
prevalent on the date of accident was Rs.92.50 paisa per day.
5. It is seen that the Tribunal by accepting the deceased as
an unskilled labourer took his monthly income at Rs.4,575/-. As
per Notification No.6272 dated 13th July 2009, prevalent on the
date of accident, the rate of wages in respect of unskilled labourer
was Rs.92.50 paisa per day. The same was revised in Notification
No.1942 dated 6th October 2012 to Rs.150/- per day with effect
from 1st October 2012. Thus taking the date of accident, i.e. on
11th April, 2012, which is few months prior to 1st October 2012,
the monthly income of the deceased is fixed at Rs.3,000/-.
Accordingly, the loss of dependency, after adding future
prospects to the extent of 40%, comes to Rs.6,04,800/-. Adding
Rs.80,000/- towards consortium to the wife and son and
Rs.30,000/- towards general damages, the total compensation
amount is determined at Rs.7,14,800/-.
6. It is seen that an amount of Rs.2,60,000/- has been
received by the parents of the deceased in another claim
application, i.e. MAC No.92 of 2012. The same was deducted
from the total compensation amount. Present claimants-
Respondents, who are the widow and son of the deceased, do not
dispute the same and they have no grievance over that. As such,
this Court leaves the same undisbursed.
7. Accordingly, by deducting aforesaid amount of
Rs.2,60,000/- from the modified compensation amount of
Rs.7,14,800/-, the rest amount comes to Rs.4,54,800/-, which is
payable along with interest @6% per annum. Mr. Sahu, learned
counsel for the claimants-Respondents agrees with the amount.
8. In the result, the appeal is disposed of with a direction
to the Insurer to deposit balance compensation amount of
Rs.4,54,800/- before the Tribunal along with interest @6% per
annum 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. However, the direction for payment
of default interest is waived.
9. The statutory deposit made by the Appellant with
accrued interest thereon be refunded to him on proper application
and on production of proof of deposit of the award amount before
the learned Tribunal.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
