Subodhini Dora And Others vs Sujata Barik And Another

B. P. Routray, J

The matter is taken up through hybrid mode.

Heard Mr. P.K. Mishra, learned counsel for the claimant – Appellants and Mr. G.P. Dutta, learned counsel for insurer – Respondent No.2.

Present appeal by the claimant - Appellants is directed against the impugned judgment dated 11th March, 2019 of learned District Judge-cum-1st MACT, Angul passed in MAC No.91 of 2018, wherein compensation to the tune of Rs.14,81,200/- along with interest @ 7% per annum from the date of filing of the claim application, has been granted on account of death of deceased Gajendra Dora in the motor vehicular accident dated 13th November, 2017.

Mr. Mishra, learned counsel for the claimant – Appellants submits that the tribunal committed illegality in disbelieving the salary certificate of the deceased produced under Ext.7. According to him, though the deceased was getting salary of Rs.15,500/- per month by working as Supervisor under M/s. A&G Constructions, but the tribunal has disbelieved the same for the only reason that the salary certificate (Ext.7) was issued after his accident.

It is seen that the insurance company did not adduce any evidence in course of trial. On the other hand the claimants examined three witnesses and produced several documents including Ext.7 to Ext.9, the documents regarding his employment and income. P.W.3 is the employer of the deceased and he categorically stated in his evidence that the deceased worked as a Supervisor since 1st October, 2017 till 13th November, 2017 (the date of accident). Therefore the doubts expressed by the tribunal over Ext.7 are found without merit and no point remains there to question the genuineness of Ext.7. Thus reduction of income of the deceased to Rs.7000/- per month without valid reasons, as done by the tribunal, is set aside. Accordingly, loss of dependency and the final compensation amount is enhanced in commensuration of the same.

At this stage, a further consolidated sum of Rs.15,00,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

In the result the appeal is disposed of with a direction to the insurer – Respondent No.2 to deposit a further consolidated compensation of Rs.15,00,000/- (fifteen lakhs) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant – Appellants on such terms and proportion to be decided by learned tribunal.

The certified copies of depositions and other documents as produced by Mr. Mishra are kept on record.

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

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