The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA Nos.948,993 & 203 OF 2024 M/s. The New India Assurance Company Ltd., … Cuttack Appellant Mr. A. Das, Adv. Badal Ku. Nayak & Others …. Respondents -versus- Mr. P.K. Mishra,Adv. (for Respondent No1) Ms. N. Mohanty, Adv. (for Res. NO.4) CORAM: HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 02.05.2025 Order No. I.A. Nos.1915 & 2110 of 2024 07. 1. These matters are taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. Considering the grounds taken, the delay in filing both the appeals in MACA No.948 of 2024 and 993 of 2024 is condoned. 4. The I.As are stand disposed of. (Biraja Prasanna Satapathy) Judge // 2 // 8. MACA Nos.948,993 & 203 OF 2024 1. 2. Heard learned counsel appearing for the parties. Since all these three (3) appeals have been filed challenging the judgment dt.26.12.2023 so passed by the learned First M.A.C.T, Jajpur, in MAC Case No.207 of 2015, all the three (3) appeals were heard analogously and disposed of by the present common order. 3. Vide the said Judgment, the Tribunal while assessing the compensation at Rs.7,89,630/- along with interest @ 6% per annum payable from the date of application till its realisaitoin, held the appellants in MACA No.948 of 2024 and 993 of 2024 liable to pay the compensation @Rs.3,94,815/- along with the interest @6%. The Tribunal also allowd penal interest @9% per annum if the compensation amount so awarded will not be deposited within the stipulated time period. 4. While MACA No.948 of 2024 and MACA NO.993 of 2024 have been filed by the insurer of both the offending vehicles, MACA No. 203 of 2024 has been filed by the claimants seeking enhancement of the compensation so awarded by the learned First M.A.C.T, Jajpur. 5. It is contended by the learned counsel appearing for the appellant in MACA NO.203 of 2024 that the claimant being a pillion rider and his occupation being that of a Driver so admitted by P.W.2 in his evidence, the Tribunal committed wrong by taking the injured as an unskilled worker and taking the minimum wages @Rs.50/- per day as the income Page 2 of 5 // 3 // of the injured. It is also contended that P.W.2 in his evidence clearly admits that the injured was earning Rs.8,000/- per month as salary as a Driver of the vehicle. 5.1. It is contended that on the face of such evidence laid by P.W.2 which was never controverted by both the insurers by leading any contrary evidence, the Tribunal should have assessed the compensation at Rs.18,02,440/- by taking the income at Rs.8000/- per month. But the Tribunal wrongly assessed the compensation at Rs.7,89,630/-. It is accordingly contended that the compensation so allowed by the Tribunal needs a substantial enhancement. 6. Learned counsel appearing for the appellant-insurer in the MACA No.948 of 2024 and MACA No.993 of 2024 on the other hand contended that since no documents were provided/produced showing that the injured was a driver, the Tribunal has rightly taken the monthly income of the injured at Rs.1500/- i.e. Rs.50/- per day, so prescribed for unskilled worker under the Minimum Wages Act. 6.1. However, in course of hearing, it is contended that even if the injured will be taken as a driver, then the minimum wages of a skilled worker can only be taken into consideration to arrive at the monthly income of the injured. It is contended that during the relevant time, the minimum wages of a skilled worker was Rs.190/- per day. It is contended that if the minimum wages so prescribed for skilled worker at Rs.190/- per day will be taken into consideration, the compensation amount would have been assessed at Rs.13,15,576/- along Page 3 of 5 // 4 // with interest so awarded. It is also contended that penal interest @9% per annum should be waived out as it has been levied without proper appreciation of the bank interest rate prevailing at the relevant time. 6.2. Making all these submissions, learned counsel for the appellants in MACA NO.948 of 2014 & MACA No.993 of 2024 contended that appropriate order be passed by this Court. 7. Considering the submissions made and the materials available on record , this Court is of the view that the Tribunal should have taken the minimum wages prescribed for a skilled worker as the income of the deceased. Since it is not disputed that the minimum wages at the relevant point of time of a skilled worker was Rs.190/- per day, this Court taking the same as the income of the deceased, held the claimant/appellant in MACA No.203 of 2024 entitled to get compensation amount of Rs.13,00,000/- along with interest @6% per annum, payable from the date of application till its realization. 7.1. While holding so and by the enhancing the award, this Court directs the appellant-insurer in MACA No.948 of 2024 and 993 of 2024 to deposit the aforesaid compensation amount of Rs.13,00,000/- along with interest @6% per annum payable from the date of application till its realisaitoin in the ratio of 50:50, within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal shall disburse the same in favour of the appellants in Page 4 of 5 // 5 // MACA No.203 of 2024 in terms of the Judgment dt. 26.12.2023. 7.2. It is further observed that if the Appellants-Company will fail to deposit their share of the compensation amount within the time stipulated here-in-above, the compensation amount of Rs.13,00,000/- shall carry interest @7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited. 7.3. It is observed that only after deposit of the amount as directed, Appellants-Company in both the appeals i.e. MACA Nos.948 & 993 of 2024 shall be permitted to take refund of the statutory deposit along with accrued interest, if any, on proper identification. The M.A.C.As are accordingly stand disposed of. (Biraja Prasanna Satapathy) Judge sangita Page 5 of 5