Rasmi Ranjan Sahoo & Ors vs The New India Assurance .... ...
2023 Latest Caselaw 2327 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) NO. 2326 OF 2023

        Rasmi Ranjan Sahoo & Ors...           ....            Petitioners
                                              Mr.Devi Prasad Dash, Adv.
                                   -versus-
        The New India Assurance               ....           Opp.Parties
        Company Ltd. Khurda & Anr.                  Mr. G.P.Dutta,Adv.
                                                        (for opp.parties)



                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

Order                            ORDER
No.                             22.03.2023

  03     1. This matter is taken up through hybrid arrangement.

         2. Heard learned counsel for the petitioner and learned

         counsel for the opposite parties/ Company.

         3.   By way this writ petition, the petitioner seeks

         direction from this Court to the opposite parties and

         their authorities to release the amount of compensation

         i.e. to the tune of Rs. 98,494/- only along with 8% interest

         per annum as held by the learned State Consumer

         Disputes Redressal Commission, Odisha, Cuttack in

         C.D. Appeal No.463 of 2022.


                                                           Page 1 of 4
                             // 2 //




4. The brief facts of the case is that the petitioners are the

sons of one deceased Daitari Sahoo, the proprietor of

M/s Banadurga Dry Food and Pickle Shop situated at

Plot   No245    &   246,   Capital    Market    Unit    No.1,

Bhubaneswar, Khurda. The Daitari Sahoo died on

29.12.2008 leaving behind his wife and three sons. The

legal heir certificate issued by the Additional Tahasildar,

Gop-Konark has also been filed to that effect. Further,

the wife of the deceased namely, Hemalata Sahoo died

on 20.02.2016 leaving behind the present petitioners. At

present, only there are three sons who are only legal

heirs. The dispute is that the shop of the petitioners was

duly insured with the opposite party No.1/Company

for Rs. 5 Lakhs. Due to the effect of Super Cyclone

occurred on 29th and 30th October, 1999 the shop of the

deceased Daitari was floated with water causing

damage to the groceries and food stuffs stored inside

that shop. In spite of due application for compensation,

the opposite parties did not release the amount of

damage to the above noted insured, complaint was filed

before the learned District Forum, Khurda vide C.D.

Case No.295 of 2000 wherein the opposite parties were

directed to pay Rs. 98,494.13/- to the said insured with
                           // 3 //




12% interest from 04.11.2019. But, opposite parties

preferred an appeal vide C.D. Appeal No.463 of 2022

before   the   learned   Consumer   Dispute    Redressal

Commission, Cuttack against the said order which was

partially modified to the extent that the appellants in

the said appeal shall pay a sum of Rs.98,494/- to the

Respondent with 8% interest per annum wth effect

from 04.11.1999.

5. The grievance of the petitioners is that though the

factum of death of the original respondent was brought

before the Court while passing the order, the State

Consumer Disputes Redressal Commission has not

reflected the said fact in the ordering portion of the

judgment in C.D. Appeal No.463 of 2022. Consequently,

the disbursement of the compensation amount has not

been possible among the legal heirs of the original

respondent.

6. Learned counsel for the petitioner submits that in the

meantime the wife of the original respondent has also

passed away and death certificate issued by the

Government of Odisha, Department of Health and

Family Welfare, Bhubaneswar Municipal Corporation

dated 30.06.2016 has also been annexed in the writ // 4 //

petition. It is further submitted that there are three sons

of the deceased respondent as legal heirs to be shared

with compensation amount namely, Rashmi Ranjan

Sahoo, Manas Ranjan Sahoo, Nihar Ranjan Sahoo.

7. Learned counsel for the opposite parties submits that

the compensation amount shall be disbursed among the

three sons subject to production of the document like

their respective Aadhar cards.

8. In such view of the matter, the opposite party Nos.1

and 2/ New India Assurance Company are directed to

disburse the entire compensation amount

proportionately among the three sons who are legal

heirs of the original respondent along with interest at

the rate of eight per cent within a period of three

months from the date of production of certified copy of

this order and respective Aadhar cards.

9. Accordingly, the Writ Petition (Civil) stands disposed

of.

(Dr. S.K. Panigrahi) Judge

LB