Orissa High Court
Saraswati Sahu & Ors vs Raghunath Gurjar & Ors on 13 July, 2023
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Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 16:50:30
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.818 of 2018
Saraswati Sahu & Ors. .... Appellants
Mr. P.K.Mishra, Advocate
-versus-
Raghunath Gurjar & Ors. .... Respondents
Mr.S.E,Hauk, Advocate
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
13.07.2023
Order No.
06. 1. The matter is taken up through hybrid mode.
2. Heard Mr.Mishra, learned counsel for the Appellants and
Mr.Hauk, on behalf of Mr.S.S.Rao, learned Senior Counsel for the
Respondents.
3. Present appeal by the Claimant is directed against impugned
judgment dated 6th April, 2018 of 2nd MACT, Ganjam in M.A.C.
Case No.26 of 2016, wherein compensation to the tune of
Rs.11,23,640/- 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
9th October, 2015.
4. The consistent case of the Claimants is that the deceased was
serving as a Crane Operator and getting his monthly salary. In this
regard the Claimants have proved the letter of appointment and
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Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 16:50:30
certificate issued by the employer under Ext.14 & 15 as well as the
bank account statement of the deceased showing the receipt of
monthly salary before his death. The Claimants have also produced
the copy of driving license of the deceased, authorized to operate
transport vehicles including Crane Operator (Ext.12). Therefore, the
assessment of the Tribunal counting income of the deceased as a
daily wage labourer is found inappropriate. It needs to be
mentioned that such evidence adduced from the side of the
Claimants have been left unrebutted and no evidence has been
adduced from the side of the Insurer to dispute such materials
produced in support of income of the deceased. As such, the finding
of the Tribunal on the income of the deceased is set aside and in the
circumstances, taking note of all such documentary evidences
produced by the Claimants, the income of the deceased is re-
determined at Rs.16,000/- per month based on his average monthly
income for last 3 months.
5. Accordingly, computing the loss of dependency by deducting
50% towards personal expenses and adding 40% towards future
prospects, the same comes to Rs. 24, 19,200/-. With addition of
filial consortium to the Appellant, the final compensation amount is
determined at Rs.25,29,200/-, payable along with interest @6% per
annum.
6. At this stage, it is submitted that the Insurer-Respondent has
already paid the compensation amount of Rs. 11,23,640/- along
with @6% interest as per the direction of learned Tribunal.
Therefore, the Insurer-Respondent No.2 is found liable to deposit
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Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 16:50:30
the balance amount of Rs.14,05,560/- along with interest @6% per
annum.
7. In the result, the appeal is disposed of with a direction to the
Insurer-Respondent No.2 to deposit the balance compensation
amount of Rs.14,05,560/- (Fourteen lakhs five thousand five
hundred sixty) 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.
8. The copies of the exhibits produced by Mr.Mishra in course
of hearing are kept on record.
9. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
S.Das
