M/S.Royal Sundaram Alliance vs Smt. Tulasi Giri And Others
2023 Latest Caselaw 1684 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                        MACA No.1014 of 2016

                 M/s.Royal Sundaram Alliance                 ....           Appellant
                 Insurance Co. Ltd.
                                                              Mrs.R. Pati, Advocate
                                              -versus-
                 Smt. Tulasi Giri and others              ....      Respondents
                             Mr. B.B. Singh, Advocate for Respondent Nos.1 & 2
            .




                             CORAM:
                             JUSTICE B. P. ROUTRAY

                                            ORDER

22.02.2023 Order No.

04. 1. Heard Mrs. R. Pati, learned counsel for the Appellant-

Insurance Company and Mr. B.B. Singh, learned counsel for Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against judgment dated 25.07.2016 of learned M.A.C.T.-I, Baleswar in M.A.C. Case No.371 of 2013, wherein compensation to the tune of Rs.14,42,900/- has been granted along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e. 01.11.2013 on account of death of the deceased in the motor vehicular accident dated 14.12.2012.

3. It is submitted on behalf of the insurer that the extent of future prospects should be reduced to 40% since the deceased was serving as a Sikshya Sahayak. Such contention raised by Mrs. Pati, learned counsel for the Appellant-insurer is unsustainable simply for the reason that Sikshya Sahayak post is equivalent to

teacher and as per Government policy, the same is bound to be regularized upon completion of six years. As such, the future prospect to the extent of 50% granted by learned Tribunal is found justified.

4. No further ground is seen to interfere with the impugned award. However, the rate of interest is reduced to '6%' from '7.5%'.

5. In the result, the appeal is disposed of with a direction to the Insurance Company to deposit the compensation amount of Rs.14,42,900/- (rupees fourteen lakhs forty-two thousand nine hundred) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 01.11.2013 within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Respondent Nos.1 & 2 on such terms and proportion to be fixed by the Tribunal.

6. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant- Insurance Company.

( B.P. Routray) Judge

B.K. Barik