Orissa High Court
MACA/557/2008 of DASARATHI NAYAK Vs BAIKUNTHANATH SAHOO on 3 September 2026
of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.557 of 2008 CNR No. ODHC010432742008 Dasarathi Nayak and another ..... Appellants Represented by Adv. - Mr. Srinibas Mohanty -versus- Baikunthanath Sahoo and another ..... Respondents Represented by Adv. – Mr. Piyush Panda, Advocate on
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.557 of 2008
CNR No. ODHC010432742008
Dasarathi Nayak and another
.....
Appellants
Represented by Adv. -
Mr. Srinibas Mohanty
-versus-
Baikunthanath Sahoo and
another
.....
Respondents
Represented by Adv. –
Mr. Piyush Panda,
Advocate on behalf of
Mr. Ananda Prakash
Das
(For Respondent No.2)
MACA No.496 of 2008
CNR No. ODHC010431112008
National Insurance Company
Ltd. Cuttack
.....
Appellant
Represented by Adv. -
Mr. Saurjya K. Padhi,
Senior Advocate along
with Mr. Piyush Panda,
Advocate
-versus-
Dasarathi Nayak and others
.....
Respondents
Represented by Adv. –
Mr. Srinibas Mohanty,
Advocate for R-1 & 2
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
03.09.2026
Order No.
09.
1. The matters are taken up through hybrid mode.
2. Heard Mr. Piyush Panda on behalf of Mr. S.K. Padhi, learned Senior Counsel for the insurer, i.e. National Insurance Company Ltd. and Mr. Srinibas Mohanty, learned counsel for the Claimants.
3. On perusal of the office note, it appears that notice returned from owner of the vehicle-Respondent with postal remark “Addressee deceased”.
4. Since only quantum of compensation of the impugned award has been challenged, the owner of the vehicle has no role in the same. As such, notice to owner of the vehicle-Respondent is waived.
5. Both the appeals being arise out of the same judgment, are heard together and disposed of by this common order.
6. Both the appeals are against same impugned judgment dated 24.05.2008 of learned 1st MACT, Keonjhar passed in M.A.C. Case No.134 of 1997, wherein compensation to the tune of Rs.95,600/- along with interest @ 9% per annum from the date of filing of the claim application has been granted on account of death of deceased Ramesh Chandra Nayak in the motor vehicular accident dated 16th February, 1997.
7. MACA No.557 of 2008 has been preferred by the Claimants praying for enhancement of the compensation amount. In MACA No.496 of 2008, the insurer has questioned the award.
8. It is submitted on behalf of the insurer that the deceased Ramesh Chandra Nayak was a gratuitous passenger travelling in the offending truck bearing registration number OR-09-6341 at the time of accident. Since he was moving in the offending truck as a member of bride-groom party, the insurer is not liable to indemnify the compensation amount.
9. It is seen from the impugned judgment that no evidence has been adduced from the side of the insurer in this regard. The consistent case of the Claimants is that the deceased was a Coolie (labourer) of the offending truck and the accident took place due to rash and negligent driving of the driver causing death of the deceased.
10. Further, on perusal of the record, it is evident that the deceased was travelling in the offending truck as a Coolie at the time of the accident. Since there is no rebuttal material against such inference, no case is made out in favour of the insurer to treat the deceased as a gratuitous passenger.
11. It is further seen that the tribunal treating the deceased as an unskilled labourer has counted his monthly income as Rs.780/- at the rate of Rs.30/- per day (excluding four Sundays from the month). The date of accident being 16th February 1997, no illegality is found in such approach of the tribunal to compute the income and loss of dependency.
12. The Claimants in their appeal have prayed to enhance the compensation amount by counting the income at Rs.3000/- per month. But no such material or reason is seen in support of the same. Moreover, when the case of the Claimants is that the deceased was working as a Coolie, the assessment of monthly income arrived by the tribunal is found reasonable and logical. It is further seen that the tribunal has neither added any amount towards future prospects to the income of the deceased nor granted any amount towards consortium or general damages. However, without computing in detail, considering the date of accident and the present age of the Claimants who are father and mother of the deceased, the insurance company is directed to pay a further consolidated sum of Rs.5,00,000/- in addition to the amount granted by the tribunal.
13. In the result, both the appeals are disposed of with a direction to the insurer, i.e. National Insurance Co. Ltd. to pay the entire compensation amount along with interest as directed by the Tribunal and further pay a consolidated sum of Rs.5,00,000/- (five lakhs), by depositing the same before the tribunal within a period of two months from today. The total amount shall be paid to the Claimants in equal proportion by keeping 70% of the amount, fall to the share of each Claimant, in fixed deposit in any nationalized bank for a period of five years.
14. The statutory deposit made by the insurer in MACA No.496 of 2008 before this court along with accrued interest be refunded on proper application and on production of proof of deposit before the tribunal.
An urgent certified copy of this order be issued as per rules.
( A.K. Mohapatra )
Judge Debasis
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Sep-2026 18:41:05 Signature Not Verified