ORIGINAL JURISDICTION - Orissa High Court

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received the compensation. In the present case, 50% as awarded has
already been paid by the other Insurance Company, namely, United India
Insurance Company.
6. The argument of Mr. Mishra, learned counsel that Tata Sumo was covered
by a comprehensive insurance policy has not been disputed by Mr. Sinha,
learned counsel appearing on behalf of Insurance Company. Hence, in view of
the principles decided by this Court in Arati Mishra (supra), the claimants are
entitled to get compensation. So far as income is concerned, since the notional
income as provided under Schedule-2 has been taken into consideration by
learned Tribunal, there is no infirmity in the order of the learned Tribunal to
ORIENTAL INSURANCE COMP. -V- M.SAHOO [B.N.MAHAPATRA,J.]
determine the compensation at Rs.1,60,000/- even if the deceased has no
income which appears to be just and proper.
7. In view of the above, the appellant is directed to deposit 50% of the amount
of compensation, i.e., Rs.80,000/- along with interest @ 7% from the date of
filing of the appeal till the date of deposit before the learned Tribunal within a
period of two months from the date of receipt of this order. After such deposit is
made, the same shall be disbursed to the claimants in the same manner as was
directed by the learned Tribunal. On production of the receipt showing payment
of awarded amount along with interest as indicated above, the Registrar
(Judicial) of this Court shall refund the statutory deposit of Rs.25,000/- along
with interest accrued thereon to the appellant Insurance Company.
In the result, the appeal fails and dismissed.
Appeal dismissed.