PADMABATI BEHERA Vs. MANAS KUMAR MANAS KUMAR

JUDGEMENT

(1.) Being aggrieved by the award of compensation to the tune of Rs.6,65,000.00 along with interest at the rate of 7.5% per annum from the date of filing of the Claim Application, i.e. 13/3/2013, passed by the learned 3rd M.A.C.T, Balasore in M.A.C No.92 of 2013, dtd. 4/1/2017, seeking enhancement the spouse and children of the deceased Manmath Behera have preferred the MACA No.280 of 2017. Assailing the quantification, inter alia, on the ground that the same militates against the concept of "just compensation", and "implanting of the deceased" and to saddle it with compensation, the Insurance Company has preferred MACA No.278 of 2017.

(2.) Since in both the MACAs the award passed in M.A.C. Case No.92 of 2013 is assailed, they are taken up together for consideration and disposed of by this common judgment, on the consent of the Parties.

(3.) The brief facts of the case of the Claimants are that on 25/12/2012, while the one, Manmath Behehra (since deceased), along with his daughter, Claimant No.2, as pillion rider, was going from their village towards Nuagaon by riding a bicycle. At about 6 P.M. near Gahira Simulia petrol pump on N.H.-60, a motorcycle bearing Registration No.OR-01-S-1679, in high speed and being driven in a rash and negligent manner, dashed against the bicycle of the said Manmath Behehra. As a result of which, he and his daughter fell on the road, causing severe bleeding injuries on the Manmath's head and other parts of his body, making him senseless on the spot, whereas his daughter, Claimant No.2, sustained minor injury on her person. Thereafter, Manmath Behehra was shifted to the hospital, but the doctor declared him dead. As such, the claim application was filed claiming compensation of Rs.10,00,000.00.