Orissa High Court
D.M vs Damayanti Jena And on 28 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.56 of 2024
D.M., New India Assurance
Co. Ltd., Rourkela .... Appellant
Mr. B. Dasmohapatra, Advocate
-versus-
Damayanti Jena and
Others .... Respondents
Mr. P.C. Chhinchani, Advocate for R-1 to 4
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
28.02.2025
Order No.
07. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. B. Dasmohapatra, learned counsel
appearing for the Appellant-Company and Mr. P.C.
Chhinchani, learned counsel appearing for the
Respondent Nos.1 to 4-Claimants.
3. This appeal has been filed by the Appellant-
Company challenging Judgment dtd.16.09.2023 so
passed by the learned 1st Addl. District Judge-cum-3rd
MACT, Rourkela, Dist- Sundargarh in MAC Case No.45
of 2019. Vide the said Judgment the Tribunal assessed
the compensation at Rs.19,60,000/- along with interest
// 2 //
@ 6% per annum payable from the date of filing of the
claim application till its realization.
3.1. Learned counsel for the Appellant-Company
contended that while assessing the compensation at
Rs.19,60,000/-, the Tribunal never take into
consideration as to whether the offending vehicle
bearing Registration No.OD-14-Q-8904 caused the
accident on 18.01.2019 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.
3.2. In support of the appeal, learned counsel for the
appellant-company contended that even though no
documents were exhibited showing the income of the
deceased but the Tribunal on its own take the monthly
income of the deceased at Rs.10,000/- and accordingly
calculated the compensation at Rs.19,60,000/- along
with interest. It is contended that since no documents
were exhibited showing the income of the deceased,
taking into account the minimum wages prescribed for
unskilled labourer at Rs.280/- per day, the monthly
income of the deceased should have been taken at
Rs.8400/-. If monthly income would have been taken at
Rs.8400/-, then the total compensation amount should
// 3 //
have been assessed at Rs.16,57,000/- along with
interest.
3.3. It is also contended that since the accident
occurred because of the negligence on the part of the
deceased taking into account the factum of contributory
negligence, the assessed amount should have been
assed at a lower side.
3.4. 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. P.C. Chhinchani, learned counsel
appearing for the Claimants-Respondent Nos.1 to 4
supported the impugned award, but in course of hearing
contended that the Claimants-Respondent Nos.1 to 4
will have no grievance, if the compensation amount will
be reduced to Rs.17,00,000/-, with interest @ 6% per
annum payable from the date of application till its
realization.
5. Mr. B. Dasmohapatra, learned counsel appearing
for the Appellant-Company left the aforesaid proposition
// 4 //
made by the learned counsel for the Claimants-
Respondent Nos.1 to 4 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.16.09.2023 is inclined to
reduce the same and held the Claimants-Respondent
Nos.1 to 4 entitled to get compensation amount of
Rs.17,00,000/- with interest @ 6% per annum payable
from the date of filing of the application till its
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 16.09.2023 in favour of the
Claimants-Respondent Nos.1 to 4.
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.17,00,000/- 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.
// 5 //
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 18:48:39
