The High Court allowed an appeal in a motor accident compensation case. It reduced the deceased's monthly income assessment to Rs.5000/- but awarded a further consolidated sum of Rs.4 lakhs to be deposited by the insurer.
Further consolidated sum of Rs.4,00,000/- directed to be deposited by the insurer with the Tribunal for disbursement to claimants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.139 of 2017
Mr. P.K. Mishra, Advocate
-versus-
Sekh Samsudin and Another …. Respondents
Mr. G.P. Dutta, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
9.12.2022
Order No.
Page 1 of 3
holder and serving under Metro Polythene Manufacturers, Dabhel, NaniDaman-396210 (U.T.) to get salary of Rs.5,800/- per month. He further submits that, the tribunal has ignored the entire evidence adduced in respect of income of the deceased including Ext.7 and Ext.10 on flimsy grounds.
Page 2 of 3
of the claimant – Appellants on such terms and proportion to be decided by the learned tribunal.
( B.P. Routray)
Judge
M.K.Panda
Page 3 of 3
2 issues framed by the court
Whether the learned tribunal erred in assessing the income of the deceased Diploma holder at minimum wage rate instead of Rs.5000/- per month.
Whether the compensation awarded by the lower tribunal was adequate considering the deceased's qualifications and lost future prospects.
Unnamed Claimant(s)
Sekh Samsudin
Unnamed Respondent
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
