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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA,
Rasana Mallik – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of compensation claim. (Para 1 , 2) |
| 2. arguments for and against compensation claim. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on entitlement for compensation. (Para 7 , 8 , 9 , 10) |
| 4. established entitlement to ex-gratia compensation. (Para 11) |
| 5. final order allowing the writ petition. (Para 12) |
JUDGMENT :
A.K. Mohapatra, J.
1. In the present writ petition, the Petitioners have prayed for quashing of the report dated 10.03.2022 under Annexure-9 as well as the final order dated 17.06.2022 under Annexure-10 passed by the Collector- cum-D.M., Nayagarh whereby the prayer of the Petitioners for grant of ex-gratia compensation due to death of one, late Shri Krushna Chandra Mallik has been rejected.
2. The factual background leading to filing of the present writ application, in short, is that the Petitioner No.1 is the wife and the Petitioner No.2 is the son of one late Krushna Chandra Mallik. The abovenamed Krushna Chandra Mallik was engaged as a labourer in a road construction work in village Sirikibadi under Banigochha P.S. in the district of Nayagarh along with other workers. On 17.07.2013, while the work was going on, all on a sudden, a land slide took
Petitioners are entitled to ex-gratia compensation of Rs.1,50,000 for the death of Krushna Chandra Mallik, as rejection of the claim based on rainfall criteria was found arbitrary and unreasonable.
The court established that a heart attack occurring during the performance of duty qualifies as an accidental death under the relevant compensation policy.
The State is vicariously liable for negligence resulting in the deaths of minors due to lack of safety measures, warranting compensation to their families.
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