Allowed

Saraswati Sahu v. Raghunath Gurjar

Orissa HC13 Jul 2023MACA/818/2018

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Motor Accident Claims Tribunal judgment, setting aside the Tribunal's assessment of the deceased's daily wage income. The Court re-determined the income based on employer and bank evidence to Rs. 16,000/month and directed the insurer to deposit the balance compensation of Rs. 14,05,560/- along with interest.

What did the court decide?

Direction to the Insurer-Respondent to deposit the balance compensation amount of Rs. 14,05,560/- along with interest within two months.

Saraswati Sahu Vs Raghunath Gurjar — Execution and Attachment | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:30

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.818 of 2018

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Saraswati Sahu & Ors. …. Appellants

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Mr. P.K.Mishra, Advocate

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-versus-

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Raghunath Gurjar & Ors.

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…. Respondents Mr.S.E,Hauk, Advocate

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER 13.07.2023

Order No.

The matter is taken up through hybrid mode.

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Heard Mr.Mishra, learned counsel for the Appellants and Mr.Hauk, on behalf of Mr.S.S.Rao, learned Senior Counsel for the Respondents.

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Present appeal by the Claimant is directed against impugned judgment dated 6^th April, 2018 of 2^nd MACT, Ganjam in M.A.C. Case No.26 of 2016, wherein compensation to the tune of Rs.11,23,640/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 9^th October, 2015.

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The consistent case of the Claimants is that the deceased was serving as a Crane Operator and getting his monthly salary. In this regard the Claimants have proved the letter of appointment and

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:30

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certificate issued by the employer under Ext.14 & 15 as well as the bank account statement of the deceased showing the receipt of monthly salary before his death. The Claimants have also produced the copy of driving license of the deceased, authorized to operate transport vehicles including Crane Operator (Ext.12). Therefore, the assessment of the Tribunal counting income of the deceased as a daily wage labourer is found inappropriate. It needs to be mentioned that such evidence adduced from the side of the Claimants have been left unrebutted and no evidence has been adduced from the side of the Insurer to dispute such materials produced in support of income of the deceased. As such, the finding of the Tribunal on the income of the deceased is set aside and in the circumstances, taking note of all such documentary evidences produced by the Claimants, the income of the deceased is redetermined at Rs.16,000/- per month based on his average monthly income for last 3 months.

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Accordingly, computing the loss of dependency by deducting 50% towards personal expenses and adding 40% towards future prospects, the same comes to Rs. 24, 19,200/-. With addition of filial consortium to the Appellant, the final compensation amount is determined at Rs.25,29,200/-, payable along with interest @6% per annum.

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At this stage, it is submitted that the Insurer-Respondent has already paid the compensation amount of Rs. 11,23,640/- along with @6% interest as per the direction of learned Tribunal. Therefore, the Insurer-Respondent No.2 is found liable to deposit

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:30

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the balance amount of Rs.14,05,560/- along with interest @6% per annum.

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In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.2 to deposit the balance compensation amount of Rs.14,05,560/- (Fourteen lakhs five thousand five hundred sixty) along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

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The copies of the exhibits produced by Mr.Mishra in course of hearing are kept on record.

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Urgent certified copy of this order be granted on proper application.

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S.Das

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( B.P. Routray)
Judge

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Saraswati Sahu v. Raghunath Gurjar

Case brief

What is this about?

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Saraswati Sahu v. Raghunath Gurjar

Case brief

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