M.Yagneswar @ Vigneswar Rao v. Abhi Ganta
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.3 of 2021 M. Yagneswar @ Vigneswar Rao ....
Appellant Mr. K.C. Nayak, Advocate -versusAbhi Ganta and Another ....
Respondents Mr. S.K. Mohanty, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
8.4.2022 Order No.
08.
1.
Heard Mr. K.C. Nayak, learned counsel for the claimant - Appellant and Mr. S.K. Mohanty, learned counsel for insurer - Respondent No.2.
2.
Present appeal by the claimant has been filed challenging the common judgment dated 28th February, 2020 of learned MACT, Rayagada passed in MAC No.39 and 32 of 2016. The present appeal is in respect of MAC No.39 of 2016 wherein compensation to the tune of Rs.3,54,000/- along with interest @ 9% per annum from the date of filing of the claim application, i.e. 10th December, 2016 has been granted on account of death of the deceased in the motor vehicular accident dated 15th September, 2015.
3.
The claimant has come up in the present appeal praying for enhancement of the compensation amount on the ground that the daily
wage rate for unskilled labour on the date of accident was though Rs.200/- per day, but the tribunal has erroneously counted the monthly income at Rs.3000/- per month only instead of Rs. 6000/-. 4.
Having heard both parties and considering the grounds of challenge, a further consolidated sum of Rs.4,00,000/- is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant and Mr. Mohanty, learned counsel for the insurer leaves it to the discretion of the court. As such the amount is fixed to the above extent.
5.
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.4,00,000/- (four lakh) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be decided by the learned Tribunal.
6.
An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda