S. DIVYA Vs. P. RAMALINGESWAR RAO
LAWS(ORI)-2021-4-2
HIGH COURT OF ORISSA
Decided on April 05,2021

S. Divya Appellant
VERSUS
P. Ramalingeswar Rao Respondents

JUDGEMENT

Biswanath Rath,J. - (1.) Maca No.593 of 2016 is at the instance of the Claimants seeking enhancement of the award amount involving judgment in MAC No.113 of 2011, whereas MACA No.774 of 2016 is at the instance of the Insurance Company involved herein involving the same judgment involving both computation aspect as well as calculation of future prospects.
(2.) For the common facts involving both the Appeals, on single hearing of both sides further on consent of both learned counsel for the Parties, the same are decided by this common judgment.
(3.) Background involving the case is that the Claimants being the legal heirs claimed compensation to the tune of Rs.32,00,000/- on account of death of the deceased on a vehicular accident caused by the offending Truck bearing Regn. No.AP-05-TT5665 on 15.12.2010 on N.H.5 in the Balugaon Bazaar. The Claimants further pleaded that on 15.12.2010 at about 8 P.M. when the deceased was proceeding to perform his duty by a bicycle on left side of the road near Balugaon Bazaar on N.H.5 the offending Truck came in high speed also in rash and negligent manner and dashed against the deceased from his backside. Said vehicle ran over him resulting death of the deceased at the spot itself. Postmortem was also conducted. There is material that the cause of death was accident. On the premises that the deceased was hardly 39 years of age and being engaged as a Technician, Grade-I (Elect/Traction Distribution) under the East Coast Railways, Khurda Road and was earning salary of Rs.24,315/- per month at the relevant point of time, the claim petition was put up claiming Rs.32,00,000/-. The Owner of the registered vehicle did not contest the proceeding and set ex parte. Opposite Party No.2, the Insurance Company therein contested the case by filing objection and asking the Claimants to prove the case through documents. The Insurance Company also contested the case on the premises that they are not liable to pay compensation.;


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