Orissa High Court
Divisional Manager vs Smt. Pinakini Dash And Others on 3 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.496 of 2020
Divisional Manager, Oriental
Insurance Company Ltd. .... Appellant
Mr. S. Satpathy, Advocate
-versus-
Smt. Pinakini Dash and Others .... Respondents
Mr. B.N. Rath, counsel for Respondents 1 to 3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
3.5.2023
Order No.
08. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Satpathy, learned counsel for the insurer -
Appellant and Mr. B.N. Rath, learned counsel for claimant -
Respondents.
3. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 26th November, 2019 of learned 1st MACT,
Angul passed in MAC Case No.92 of 2018, wherein compensation to
the tune of Rs.41,33,983/- along with interest @ 7% per annum from
the date of filing of the claim application, i.e. 18th June, 2018 has been
granted on account of death of deceased Ranjaya Kumar Nanda in the
motor vehicular accident dated 5th May, 2018.
4. The deceased was undisputedly serving as a teacher on the date
of accident. The accident took place on 5th May, 2018. By notification
No.20034 dated 22nd October, 2017 of Government of Odisha in
School and Mass Education Department, the monthly salary of all
such teachers including the deceased was enhanced to higher rate with
effect from 1st January 2018, though admittedly the deceased did not
draw the enhanced salary till his death. So, it is submitted by Mr.
Satpathy that since the deceased had not drawn the higher salary till
his death, the loss of dependency should depend on his actual income
received on the date of his death.
5. I fail to conceive such argument advanced on behalf of the
Appellant - insurer. It is for the reason that the enhanced salary of the
deceased to which he is certainly entitled to was though not received
by him till his death but he was admittedly entitled for the same.
Depending upon availability of fund with the employer, the deceased
would have received the same in shape of arrear. Therefore, such
entitlement of the deceased is liable to be counted towards income and
the tribunal has rightly proceeded in that line.
6. No such dispute is raised either with regard to negligence on the
part of driver of the offending vehicle or liability of the insurance
company to indemnify the owner. The entire challenge is on
quantification of compensation amount in respect of income of the
deceased as discussed above. Therefore, I do not see any merit in
favour of the Appellant to interfere with the impugned award.
However, the rate of interest is reduced to 6% from 7%.
7. Mr. Rath, learned counsel for the claimants submits that the
mother of the deceased in respect of whom Rs.5,00,000/- was granted
by learned tribunal, died in the meantime on 3rd February, 2020.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit entire compensation amount of
Rs.41,33,983/- (forty-one lakhs thirty-three thousand nine hundred
eighty three) before the tribunal along with interest @ 6% per annum
from the date of filing of the claim application, i.e. 18th June 2018,
within a period of two months from today; where-after the same shall
be disbursed in favour of the claimant- Respondents 1 to 3, namely
Smt. Pinakini Dash, Kumari Ananya Nanda and Anshuman Nanda on
such terms and proportion to be decided by learned tribunal.
9. The statutory deposit made by the appellant - insurer before
this court along with accrued interest thereof be refunded on proper
application and on production of proof of deposit of the awarded
amount before the tribunal.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Digitally signed by
MANAS MANAS KUMAR PANDA
KUMAR PANDA Date: 2023.05.04 17:04:21
+05'30'
