Officer In Charge vs Saraswati Devi & Ors
2023 Latest Caselaw 1507 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.473 of 2022

            Officer in Charge, T.P. Cell,
            M/S. New India Assurance Co.Ltd.           ....         Appellant
                                                      Mr.G.P.Dutta, Advocate

                                         -versus-

            Saraswati Devi & Ors.                  ....      Respondents
                       Mr.P.K.Mishra, Advocate for Respondent No. 1 & 2


                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

17.02.2023 Order No.

5. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Appellant and Mr. Mishra, learned counsel for the Claimant-Respondent Nos.1 & 2.

3. Present appeal by the Insurer is directed against judgment dated 7th December, 2021 of Additional District Judge- cum-1st MACT., Cuttack, in MAC No.294 of 2018, wherein compensation to the tune of Rs.64,03,975/- has been granted along with interest @6% 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 6th March, 2018.

4. The entire dispute is on the quantum of compensation. As per Mr.Dutta, learned counsel for the Appellant, the

allowances received by the deceased along with his salary should be kept out from the count while computing loss of dependency.

5. Law is well-settled that all such allowance received by the deceased from his employer along with salary should be counted, except deduction of statutory tax amounts. So no merit is seen in the contention of the Appellant to deduct the same from the income of the deceased. The deceased received gross salary of Rs.49,082/- in the month of February, 2018 i.e. just before the accident and accordingly the Tribunal has assessed his annual income at Rs.5,55,086/- after deduction of statutory tax amount. No flaw is seen in such approach of the Tribunal and the same is confirmed by this Court. No further reasons is also seen to interfere with the quantified amount, as determined by the Tribunal, to the tune of Rs.63,63,975/-. The same being found just and reasonable, this court declines from interfering the same.

6. In the result, the appeal is disposed of with a direction to the Appellant-Insurer to deposit entire compensation of Rs.63,63,975/- (Sixty three lakhs sixty three thousand nine hundred seventy five) 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 claimant on such terms and proportion to be fixed by the Tribunal. However, the penal interest @ 12% as directed by the Tribunal is waived.

7. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the insurance company.

8. 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.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das