Orissa High Court
Manager Claim vs Santosh @ Santha Bhoi And Others on 14 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1291 of 2018
Manager Claim, (T.P. CELL), Regional
Office, M/s.Oriental insurance Co. Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Santosh @ Santha Bhoi and Others .... Respondents
Mr. A.K. Jena, counsel for Respondents 1-3
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
14.12.2021
Order No.
08. 1. Heard Mr. G.P. Dutta, learned counsel for the insurer -
Appellant and Mr. A.K. Jena, learned counsel for the claimants -
Respondent Nos.1 to 3.
2. The present appeal is by the insurer challenging the impugned
judgment dated 28th March, 2018 of the learned 7th MACT,
Bhubaneswar in MAC Case No.3464 of 2014.
3. In the impugned judgment learned tribunal upon adjudicating
the dispute has directed for payment of compensation to the tune of
Rs.13,79,542/- along with interest @ 7% per annum from the date of
filing of the claim application, i.e. 3rd December, 2014 on account of
death of deceased in the motor vehicular accident on 11th September,
2014.
4. It is submitted by Mr. Dutta, learned counsel for the insurer that
the learned Tribunal while rejecting the claim of the Respondents
about income of the deceased from private tuition, has taken her
notional income at Rs.6000/- per month without any basis. It is further
submitted that as per the decision in Laxmi Devi and Others v.
Mohammad Tabbar and Another, AIR (2008) SC 1858, the notional
income should be fixed at Rs.3000/- per month considering the age of
the deceased.
5. Having heard Mr. Jena, learned counsel for the claimants -
Respondents, it is seen from paragraph 11 of the impugned judgment
that the learned Tribunal has disbelieved the case of the claimants that
the deceased was earning Rs.6000/- per month from private tuition. At
the same time the learned Tribunal has taken the notional income at
Rs.72,000/- per annum without any basis. Thus, relying on the
principle decided in the case of Laxmi Devi (supra) and considering
the age of the deceased on the date of accident, the notional income is
fixed at Rs.3000/- per month. Leaving other factors of calculation
undisturbed and taking the notional annual income at Rs.36,000/- and
adding future prospects to the extent of 40%, the loss of dependency
after deducting 50% towards personal expenses comes to Rs.4,200/- X
12 X 50/100 = Rs.25,200/-. By applying multiplier '18' the total
amount comes to Rs.25,200/- X 18 = Rs.4,53,600/-. Further adding
Rs.40,000/- towards filial consortium to each of the parents (i.e. Rs
80,000/- in total) and Rs.30,000/- towards conventional heads, the
amount comes to Rs.5,63,600/-. As per the discussions made in the
impugned judgment an amount of Rs.53,542/- towards medical
expenses is to be added to the above amount. Thus, the total amount
of compensation comes to Rs.6,17,142/-. Further on the prayer made
by the learned counsel for the claimants, Rs.23,000/- is added towards
other miscellaneous expenses. Hence the total compensation amount
is arrived at Rs.6,40,142/-.
6. Accordingly, the compensation amount is modified to
Rs.6,40,142/- and the Appellant - insurer is directed to deposit the
said amount along with 6% interest per annum from the date of filing
of the claim application, i.e. 3rd December, 2014 before the tribunal
within a period of eight weeks from today; where-after the same be
disbursed to the claimants in the same proportion and terms as
directed by the Tribunal.
7. The statutory deposit made by the appellant before this court
along with accrued interest be refunded to the Appellant - insurer on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
8. The appeal is disposed of in the above terms.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
