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Judgment
B. P. Routray, J
Heard Mr. P.K. Nayak, learned counsel for the Appellants-claimants and Mr. P.K. Mahali, learned counsel for the Respondent No.2-Insurance Company.
Present appeal by the claimants is directed against the award dated 20.08.2020 of the learned 1st MACT, Bargarh in M.A.C. No.56 of 2017 wherein the learned Tribunal has granted compensation to the tune of Rs.7,81,750/- along with interest @7% per annum to the claimants from the date of filing of the claim application i.e.14.07.2017 on account of death of the deceased in the motor vehicular accident dated 21.10.2016.
It is submitted by Mr.P.K. Nayak, learned counsel for the Appellants-claimants that though the learned Tribunal has accepted the deceased as high skilled labourer, but calculated his income at the daily wage rate of Rs.205/- instead of Rs.260 in terms of the Government Notification dated 24th July, 2015 in SRO No.323/2015.
It is seen from the impugned judgment that the learned Tribunal in his discussion under Issue No.(iv) has taken the rate prescribed in the Gazette Notification dated 06.10.2012. Therefore, the error is apparent on record and the daily rate of wage is to be taken at Rs.260/- instead of Rs.205/-. Such prescribed rate of the wage prevailing on the date of accident, i.e., on 21.10.2016 is not disputed at the Bar.
Upon hearing both the parties and considering such rate of wage, a further consolidated sum of Rs.4,60,000/- is proposed to the parties in course of hearing. Mr. P.K. Nayak, learned counsel for the claimants-Appellants agrees to the same and Mr. P.K. Mahali, learned counsels for Respondent No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.
The Insurance Company is directed to deposit the further consolidated sum of Rs.4,60,000/- (rupees four lakhs sixty thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimants on such terms and proportion to be decided by the learned Tribunal.
The MACA is disposed of.
An urgent certified copy of this order be granted on proper application.
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