Smt. Prabhati Meher And Another vs Mukesh Panigrahi And Another
2023 Latest Caselaw 11154 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.229 of 2022
                 Smt. Prabhati Meher and Another          ....        Appellants
                                                      Mr. P.K. Mishra, Advocate
                                           -versus-
                 Mukesh Panigrahi and Another             ....       Respondents
                                   Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

12.9.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellants and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned common judgment dated 5th April, 2022 of learned District Judge-cum-1st MACT, Deogarh passed in MAC Case Nos.5 of 2018 and 4 of 2018. Present appeal is in respect of MAC No.5 of 2018 wherein compensation to the tune of Rs.11,47,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 6th January, 2018 has been granted on account of death of deceased Bhesaj @ Manas Meher in the motor vehicular accident dated 2nd October, 2017.

4. Mr. Mishra, learned counsel submits on behalf of the claimants that despite the pay slip of the deceased as an electrician was produced under Ext.21 showing his salary at Rs.18,000/- per month, the Tribunal discarded the same illegally and held his income at Rs.7,500/- per month only.

5. Upon perusal of copy of Ext.21, as produced by Mr. Mishra in course of hearing, and the evidences of the witnesses, no reason is seen to reduce the income of the deceased from Rs.18,000/- per month. As such, the income of the deceased is counted at Rs.18,000/- per month and the compensation amount is accordingly modified to Rs.28,31,600/- with addition of future prospect.

6. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit the differential compensation of Rs.16,57,600/- (sixteen lakhs fifty-seven thousand six hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 6th January, 2018, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by the learned tribunal.

7. The certified copies of Ext.21 and other documents as produced by Mr. Mishra in course of hearing are kept on record.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 13-Sep-2023 17:18:10