High CourtsSingle Bench(2021) 11 OHC CK 0059

Pramila Nayak And Others vs Mrs. Pramila Samantray And Anr

Orissa High Court · Decided on 9 November 2021

HON’BLE JUDGES
B.P. Routray, J
RESULT
Dismissed
CASE NUMBER
MACA No. 330 Of 2019

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Judgment

9 paragraphs · 235 words
1.

Heard Mr. D.C. Dey, learned counsel for the claimants and Mr. G.P. Dutta, learned counsel for the insurer.

2.

MACA No.330 of 2019 is by the claimants praying for enhancement of quantum of compensation and MACA No.919 of 2019 is by the Insurer praying to reduce the quantum of compensation.

3.

Upon perusal of the impugned judgment it is found that under Issue No.iii, the learned tribunal has taken into account the income of the deceased based upon his salary certificate and also added all the ancillary heads for arriving at just compensation. The said analysis of the learned tribunal in arriving just compensation cannot be faulted with any valid reason. Accordingly, I am not inclined to interfere with the impugned award.

4.

Both the appeals are dismissed.

5.

It is intimated by the parties that the insurer has not deposited the compensation amount on the ground of pendency of the appeals.

6.

Accordingly, the insurer, who is the Respondent in MACA No.330 of 2019 and Appellant in MACA No.919 of 2019, is directed to deposit the awarded amount before the tribunal within a period of eight weeks from today.

7.

The statutory deposit be refunded to the insurer in MACA No.919 of 2019 on production of proof of deposit of the awarded amount before the tribunal, on proper application.

8.

An urgent certified copy of this order be issued as per rules.

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