The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.833 of 2017 Chief Regional Manager, Oriental Insurance Co. Ltd. …. Appellant Jilu Nayak & another -versus- Mr. A.A. Khan, Advocate ….
Legal Reasoning
Respondents Mr. P.K. Mishra, Advocate for Respondent No.1 MACA No.743 of 2017 Jilu Nayak Basanta Pradhan & another -versus- …. Appellant Mr. P.K. Mishra, Advocate …. Respondents Mr. A.A. Khan, Advocate for Respondent No.2 CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 12.10.2023 07. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. Adam Ali Khan, learned counsel appearing for the Appellant in MACA No.833 of 2017 and Mr.P.K. Mishra, learned counsel appearing for the Appellant in MACA No.743 of 2017. Perused the case record as well as the appeal memo. 3. MACA No.833 of 2017 has been filed by the Insurance Company challenging the award passed by the Tribunal dated 27.04.2017 in MAC No.322 of 2015 thereby the awarding a total compensation a sum of Rs.9,30,000/- along with interest @ of 6% from the date of filing of the claim case till the actual payment is made. 4. Mr. Mishra, learned counsel appearing for the Claimant has filed // 2 // MACA No.743 of 2017 claiming enhancement of the awarded amount on the ground that the income which has been assessed that is 150rs. per day is excessively low accordingly, the same has resulted in awarding a lesser amount of compensation. 5. In the Appeal filed by the insurer, learned counsel for the appellant assailed the judgment of the Tribunal principally on two grounds:- firstly, the claimant is not no way related to the deceased and his identity has not established in the Court below. Secondly, he has also assailed the judgment of the Tribunal on the ground that the quantum a concern of compensation awarded by the Tribunal is excessive. In course of his argument, learned counsel appearing for the Appellant submitted that the investigation of the Insurance Company had conducted a discrete inquiry where it has been ascertained that the claimant is no way related to the deceased. He further contended that such evidence was not in record and was not placed before the Court. However, the same has not been taken consideration in its proper prospective. Thus, the Tribunal has committed an illegality by passing the awarded amount in favour of the claimant. 6. Mr. Khan, learned counsel for the appellant further contended before this Court that the Tribunal has committed a gross illegality while calculating the compensation amount which was brought to the notice of the Court that while calculating contribution made by the deceased to the family, the learned court below has added more amount than that is permissible under the law. He further contended that the future prospect which has been taken @ of 50% should have been 40%. He has also assailed the award of Rs.1,00,000/- towards loss of love and affection and Rs.20,000/- towards criminal expenses. It was further contended that the same should have been at a lower side keeping in view the social circumstances as well as lifestyle of the people of this Case. // 3 // 7. Mr. Mishra, learned counsel appearing for the Claimant- appellant on the other hand contended that the Tribunal has committed a gross illegality in taking Rs.150/- at the daily income of the deceased. Accordingly, the Tribunal has arrived at erroneous conclusion that the annual income of the deceased is 54,000/-. Thus, it was contended that the income assess is grossly low and the same is not based on the surrounding facts and circumstances. In such view of the matter, Mr. Mishra, learned counsel for the appellant submitted that the quantum of compensation should have more than the awarded amount by the Tribunal. 8. Having heard the learned counsels appearing for the Insurance- Company as well as the claimants, this Court on perusal of the award as well as the materials on record observed that no evidence whatsoever was adduced with regard to the income of the deceased. However, the Tribunal has assessed the income of the deceased @ of 150 per day and accordingly, it has been assessed that the annual income of deceased was Rs.54,000/-. Therefore, this Court found that no illegality such assistance of annual income by the Tribunal. So far the loss of future prospect is concerned, this Court is of the considered view that the same should have been taken @ of 40% of the total income. The tribunal has committed an error while taking the same @ of 50%. With regard to other general expenses the awarded amount of Rs.1,20,000/- is within the higher side, accordingly, the sum of Rs.70,000/- would suffice for the purpose. Taking into consideration the aforesaid finding of this Court, this Court is of the considered view that the awarded amount should have been total of Rs.8,26,000/- instead of Rs.9,30,000 as arrived by the Tribunal. In such view of the matter, although this Court is not inclined to interfere with the award passed by the Tribunal. However, in view of the aforesaid fixation the award stands modified to the extent that the total compensation amount that would be paid by the // 4 // insurer to the claimant is Rs.8,26,000/- which shall carry interest @ of 6% from the date of application till the date of actual payment. Accordingly, the Insurance-Company is directed to pay the amount within a period of two months from today. Further, to retail the apprehension of leaned counsel for the appellant-Insurer, this Court directs the Tribunal that the amount shall be disbursed on proper identification of claimant and proportionately. With the aforesaid modification to the award dated 27.04.2017, the appeal is disposed of. Other terms and conditions as mentioned in the award dated 27.04.2017 shall remain operational. 9. With the aforesaid observations/ modifications, both the Appeals stands disposed of. 10. Upon showing the receipt of payment of compensation amount before the Tribunal, the Registry is directed to refund the statutory deposit along with interest, if any, to the appellant. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Oct-2023 15:53:41