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2025 DAILYLAW 2134 (ORI)

BABULI PRADHAN v. STATE OF ODISHA

WP(C)/37540/2025 · 2026-04-16

Sibo Sankar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37540 of 2025 Babuli Pradhan …. Petitioner Mr. S.R. Mohanty, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 16.04.2026 01. 1. Heard. 2. Learned counsel for the petitioner contended that his elder son has tragically died due to the massive explosion occurred during the Chandan Yatra at Puri. The Government of Odisha, under the policy has paid the ex-gratia amount of Rs.4,00,000/- to the petitioner. However, learned counsel for the petitioner submits that the ex-gratia should have been calculated as per the law laid down by the Hon’ble Supreme Court in the case of Sarala Verma & others vs. Delhi Transport Corporation & another reported in 2009 (6) SCC 121. 3. Needless to say that the Sarala Verma (supra) case is related to Motor Vehicle Accident Claims and the Hon’ble Supreme Court has laid down the formula for calculation of compensation in the cases of the motor vehicle accidents. By the very nature the ex- Subhasis gratia compensation is fixed one, which apparently has been paid in this case. 4. Learned counsel for the State submits that the petitioner has already got the ex-gratia amount as per the policy of the State Government. There is no formula as such for calculating of the ex-gratia compensation and Sarala Verma (supra) has only prescribed a formula for the purpose of calculation of the compensation for the motor vehicle cases. Hence, the same is not applicable to the present case. 5. In view of the aforementioned, the writ petition is disposed of with a direction to the opposite party no.2- the Collector, Puri to look into the grievance of the petitioner and ensure that, if the compensation could be enhanced in any manner whatsoever in accordance with the policy or law governing the field, the same shall be favourably done. 6. With the aforesaid observation, the writ petition is disposed of. 7. The petitioner, after obtaining the authenticated copy of this order, shall submit same along with a copy of the writ petition to the opposite party no.2. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.