Kumari Dasama Hembram vs Basant Kumar Dalbehera And ...
2023 Latest Caselaw 5053 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.196 of 2022
                 Kumari Dasama Hembram                     ....         Appellant
                                                       Mr. P.K. Mishra, Advocate
                                            -versus-
                 Basant Kumar Dalbehera and Another        ....       Respondents
                                Mr. S.K. Mohanty, counsel for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

3.5.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for claimant - Appellant and Mr. S.K. Mohanty, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimant - Appellants is directed against the impugned judgment dated 10th December, 2021 of learned 1st MACT, Jajpur passed in MAC Case No.206 of 2015, wherein compensation to the tune of Rs.4,09,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 5th December, 2015 has been granted on account of death of deceased Chandrabati Hembram in the motor vehicular accident dated 20th August, 2015.

4. Upon hearing both parties and considering all such grounds of challenge advanced, and treating the deceased as an unskilled labourer as per the claim of the applicants and taking her income at the prevalent rate of minimum wages along with addition of future prospects, the compensation amount is enhanced to Rs.11,45,000/-, payable along with interest @ 6% per annum.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit an enhanced compensation of Rs.11,45,000/- (eleven lakhs forty-five thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 5th December, 2015, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellant on such terms and proportion to be decided by the learned tribunal.

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

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

MANAS       Digitally signed by
            MANAS KUMAR
KUMAR       PANDA
            Date: 2023.05.04
PANDA       17:03:13 +05'30'