DIVISIONAL MANAGER THE NEW INDIA Vs. UDAYANATH SAHU

JUDGEMENT

(1.) THIS Letters Patent appeal is directed against the judgment passed by the learned Single Judge of this Court in Misc. Appeal No. 149 of 1998 dismissing the appeal filed by the Insurance Company on 9.3.2000.

(2.) THE respondent Nos. 1 to 6 as the legal heirs of the deceased Jagnyanarayan Samantara filed M.A.C, Case No. 505/ 96 (938/96) before the learned M.A.C.T., Berhampur for awarding compensation on account of the death of Jagnyanarayan Samantara. Respondent Nos. 1 and 2 are the parents whereas respondent Nos. 3 to 6 are the wife and children of the deceased. The M.A.C.T. on thorough scrutiny of the evidence placed before it. passed an award for Rs. 3,32,000/ - along with interest at the rate of 9% from the date of application till payment i.e. 28.2.1996.

(3.) MR . S. K. Sarangi, learned counsel appearing for the appellant has strenuously urged that the learned Tribunal has committed gross illegalities in over -looking the number of multiplier, which ought to have been adopted in this case. It has been further contended that the deceased did not possess valid driving licence. It has been further contended that while calculating compensation, there has been some arithmetical mistake crept in the order. The Tribunal should have fixed the award at Rs. 3.29,000/ - instead, it has passed the award for Rs. 3.32.000/ -