Orissa High Court
Narendra Kumar Barik And Another vs Pramod Kumar Nayak And Another on 9 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.248 of 2005
Narendra Kumar Barik and another .... Appellants
Mr. J.R. Dash, Advocate
-versus-
Pramod Kumar Nayak and another .... Respondents
Mr. P.R. Sinha, Advocate on behalf of Mr. M. Sinha, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
09.12.2021
Order No.
12. 1. Heard Mr. J.R. Dash, learned counsel for the Appellants-
claimants and Mr. P.R. Sinha, learned counsel, appearing on
behalf of Mr. M. Sinha, learned counsel for the Respondent No.2-
Insurance Company.
2. The present appeal has been filed by the claimants against the
award dated 24.12.2004 of the learned 1st MACT, Puri in MACT
Misc. Case No.482 of 1997 wherein the learned Tribunal has
granted compensation of Rs.80,000/- along with 6% interest per
annum to the claimants from the date of filing of the application
i.e.03.12.1997.
3. The claimants are the parents of the minor deceased, who died
in a motor vehicular accident on 18.10.1997 at the age of 6 years.
4. Mr. J.R. Dash, learned counsel for the Appellants submits that
the accepted position towards the notional income in case of non-
earning persons in the year 1997 is Rs.15,000/- and as such, the
grant of compensation is to the tune of Rs.80,000/- is grossly bad.
5. It is seen from the impugned judgment that the contention
regarding death of the deceased in a vehicular accident or the
liability of the insurer to bear the compensation for the owner is
not disputed. The only question is relating to the quantum of
compensation. The deceased was a minor and as such his notional
income be accepted at Rs.15,000/- per annum and the multiplier
is to be applied '15'. Thus deducting 1/3 rd towards personal
expenses and applying multiplier '15', the total amount comes to
Rs.1,50,000/- which has been rightly arrived by the learned
Tribunal. Though the said amount has been derived by the
learned Tribunal in his discussion under Issue Nos.3 & 4, but he
then reduced the compensation to Rs.80,000/- as per his opinion.
Such approach of the learned Tribunal to reduce the amount of
compensation is not found correct. The claimants are entitled to
get compensation of Rs.1,50,000/- along with applicable interest.
6. Accordingly, the compensation is enhanced to Rs.1,50,000/-
along with interest @6% per annum payable from the date of
filing of the claim application, i.e. 3.12.1997. A consolidated
amount of Rs.30,000/- be added further to the total amount
towards conventional heads.
7. Respondent No.2-Insurance Company is accordingly directed
to deposit the differential amount along with interest @6% per
annum on the balance principal amount (i.e. on Rs.70,000/-) from
the date of filing of the claim application, i.e. 3.12.1997 before
the learned Tribunal within a period of eight weeks from today;
where-after the same shall be disbursed to the claimants. The
consolidated amount of Rs.30,000/- (as directed above at para-6)
be added to the same which shall not carry any interest. It is open
for the learned Tribunal to direct for fixed deposit, if required.
8. The MACA is accordingly disposed of.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
