Orissa High Court
New India Assurance Co vs Santosh Kumar Panda on 28 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.392 of 2024
New India Assurance Co.
Ltd. .... Appellant
Mr. S. Roy, Advocate
-versus-
Santosh Kumar Panda
and Another .... Respondents
Mr. R.K. Panda, Advocate for R-1
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
28.02.2025
Order No.
06. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. S. Roy, learned counsel appearing for
the Appellant-Company and Mr. R.K. Panda, learned
counsel appearing for the Respondent No.1-Claimant.
3. This appeal has been filed by the Appellant-
Company challenging Judgment dtd.17.11.2023 so
passed by the learned 1st Addl. District Judge-cum-
Member, 5th MACT, Khordha in MAC Case No.34 of
2017. Vide the said Judgment the Tribunal assessed the
compensation at Rs.5,74,000/- along with interest @ 6%
per annum payable from the date of filing of the claim
application till its realization.
// 2 //
3.1. Learned counsel for the Appellant-Company
contended that while assessing the compensation at
Rs.5,74,000/-, the Tribunal never take into
consideration as to whether the offending Winger Bus
bearing Registration No.OD-21-C-1266 caused the
accident on 01.04.2017 and whether due to the rash
and negligent driving of the accused driver, accident
occurred, causing death of the deceased. It is contended
that even though such a plea was taken before the
Tribunal by the Appellant-Company, but the same was
never taken into consideration while assessing the
compensation at Rs.5,74,000/-.
3.2. In support of the appeal, learned counsel for the
appellant-company further contended that while
awarding compensation the monthly income of the
deceased was taken at Rs.300/- per day i.e. Rs.9000/-
per month, though at the relevant point of time,
minimum wages of an unskilled worker was at
Rs.213.50/-. Taking into account the occupation of the
deceased, minimum wages prescribed for unskilled
worker at Rs.213.50/- should have been taken as the
daily income of the deceased. It is also contended that
the tribunal while awarding the compensation only
deducted 1/3rd of the monthly income towards her
personal and living expenses, even though the same
should have been 50% of the monthly income of the
deceased.
// 3 //
3.3. Making all these submissions learned counsel
appearing for the Appellant-company contended that
had the Tribunal properly appreciated the stand of the
Appellant, the compensation amount so awarded would
have been on the lower side. It is accordingly contended
that the impugned award is not sustainable in the eye of
law and requires interference of this Court.
4. Even though Mr. R.K. Panda, learned counsel
appearing for the Claimant-Respondent No.1 supported
the impugned award, but in course of hearing contended
that the Claimant-Respondent No.1 will have no
grievance, if the compensation amount will be reduced
to Rs.4,48,000/-, with interest @ 6% per annum payable
from the date of application till its realization.
5. Mr. S. Roy, learned counsel appearing for the
Appellant-Company left the aforesaid proposition made
by the learned counsel for the Claimant-Respondent
No.1 to the discretion of this Court.
6. Having heard learned counsel appearing for the
Parties, considering the submissions made and in view
of the fact that this Court while interfering with the
impugned Judgment dtd.17.11.2023 is inclined to
reduce the same and held the Claimant-Respondent
No.1 entitled to get compensation amount of
Rs.4,48,000/- with interest @ 6% per annum payable
from the date of filing of the application till its
// 4 //
realization. While holding so, this Court directs the
Appellant-Company to deposit the aforesaid
compensation amount along with interest within a
period of eight (8) weeks from the date of receipt of this
order. On such deposit of the amount, learned tribunal
shall do well to disburse the amount proportionately in
terms of the judgment dated 17.11.2023 in favour of the
Claimant-Respondent No.1.
6.1. However, it is observed that if the amount as
directed will not be deposited by the Appellant-Company
within the aforesaid time period of eight (8) weeks, the
compensation amount of Rs.4,48,000/- shall carry
interest @ 7% per annum for the period starting from
the expiry of the period of eight (8) weeks till it is
deposited before the Tribunal.
6.2. It is observed that only after deposit of the amount
as directed, appellant will be permitted to take refund of
the statutory deposit along with accrued interest if any
from the Registry on proper identification.
7. The appeal is accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
Basudev
Location: High Court of Orissa, Cuttack
Date: 06-Mar-2025 18:48:38
