The Regional Manager vs Saudamini Moharana And Others
2023 Latest Caselaw 1802 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.713 of 2018
                 The Regional Manager, Oriental
                 Insurance Company Ltd.                     ....          Appellant
                                                        Mr. S.J. Pradhan, Advocate
                                            -versus-
                 Saudamini Moharana and Others              ....       Respondents
                                  Mr. B.B. Singh, counsel for Respondents 1 to 6

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

27.2.2023 Order No.

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. S.J. Pradhan, learned counsel for the insurer - Appellant and Mr. B.B. Singh, learned counsel for claimant - Respondents 1 to 6.

3. Present appeal by the insurer is directed against the impugned judgment dated 26th March, 2018 of learned 7th MACT, Bhubaneswar passed in MAC No.193 of 2015, wherein compensation to the tune of Rs.16,25,200/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 27th April, 2015 has been granted on account of death of deceased Mithun Moharana in the motor vehicular accident dated 3rd April, 2015.

4. Upon hearing both parties and considering all such grounds of challenge including prevalent rate of minimum wage prescribed for the carpenter (skilled labourer) as well as the entitlement of the children towards loss of consortium, a reduced compensation of Rs.15,50,000/- with 6% interest is proposed to the parties. This is agreed by Mr.Singh, learned counsel for the claimant - Respondents and Mr. Pradhan, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the modified compensation of Rs.15,50,000/- (fifteen lakhs fifty thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 27th April, 2015, within a period of two months from today, where-after the same shall be disbursed in favour of the claimant - Respondents 1 to 6 on such terms and proportion to be decided by the learned tribunal.

6. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.

7. The name of the father of Respondent No.5 is corrected as late Rajkishore Moharana, as prayed by both parties.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda