The New India Assurance Co. Ltd vs Haripriya Patel @ Lata Patel And
2023 Latest Caselaw 7857 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     MACA No.1124 of 2007
                               The New India Assurance Co. Ltd.          ....           Appellant
                                                                       Mr. G.P. Dutta, Advocate
                                                          -versus-
                               Haripriya Patel @ Lata Patel and        ....      Respondents
                               others
                                           Mr. S. Udgata, Advocate for Respondent Nos.1 to 3

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

20.07.2023 Order No.

13. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company as well as Mr. S. Udgata, learned counsel for Respondent Nos.1 to 3-claimants.

2. Present appeal by the insurer is directed against award dated 21.4.2007 of the learned 2nd MACT, Northern Division, Sambalpur in Misc.(A) Case No.249 of 2003 (S), wherein the learned Tribunal has granted compensation to the tune of Rs.2,48,200/- along with interest @7% per annum to the claimants from the date of filing of the application i.e.13.11.2003 on account of death of the deceased in the motor vehicular accident dated 28.8.2003.

3. Mr. Dutta, learned counsel for the insurer submits that assessment of the Tribunal to compute income of the deceased from two sources, i.e. remuneration from employment as Secretary of Gram Panchayat and Sub-Post Master cannot be

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 14:17:52 counted at the same time and thus, his income should be reduced to either of the two. He accordingly prays for reduction of the compensation amount.

4. The claimants-Respondents No.1 to 3 on the other hand have filed their cross-objection praying for enhancement of the compensation amount.

5. It is seen that though the claimants-Respondents No.1 to 3 entered appearance on 6.11.2015, but no such cross-objection was presented till 9.5.2023. It has been presented on 10.5.2023. No limitation petition has also been appended to the cross-objection. Accordingly, the cross-objection filed by the claimants- Respondent Nos.1 to 3 is rejected on the ground of limitation.

6. So far as the contention raised by the insurer is concerned, as per submission of the claimants the deceased was working as Extra Departmental Post Master at the time of accident while serving as Secretary of Gram Panchayat. Therefore no such restriction is seen on the part of the deceased to count his income from two sources of employment simultaneously and no flaw is found in the approach of learned Tribunal to compute the income of the deceased as such.

7. Further, no other point is seen in favour of the insurer to reduce the compensation amount as computed by the Tribunal.

8. In the result, the appeal is dismissed and the Insurance Company is directed to deposit the entire compensation amount along with interest in terms of directions of the Tribunal within a period of two months from today, which shall be disbursed in Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 14:17:52 favour of the claimants on such terms and proportions as contained in the impugned judgment.

9. On deposit of the award amount before the 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

Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 14:17:52