MACA/1095/2015
2021 Latest Caselaw 1135 Ori

                                MACA NO.1095 OF 2015




5.   01.02.2021         This matter is taken up through Video Conferencing
                  because of COVID-19 Pandemic.

                        Heard Mr.Patita Paban Mishra, learned counsel for the
                  appellants    and   Mr.    G.P.    Dutta,   learned   counsel   for
                  respondent no.2.

                        The     appellants    have    challenged    the   impugned
                  judgment dated 13.08.2015 passed by learned A.D.J.-cum-
                  3rd M.A.C.T., Talcher in M.A.C. Case No.58 of 2009
                  awarding amount of Rs.24,64,000/- along with interest @
                  7.5% per annum from the date of filing of the case.

                        Learned counsel for appellants submits that               the
                  impugned award is liable to be enhanced by granting 50%
                  of future prospect since the learned Tribunal have ignored
                  the future prospect as per the principle laid down by the
                  Hon'ble Supreme Court.

                           Learned counsel for appellants further submits that
                  the learned Tribunal committed an error in granting
                  compensation on the heading of loss of love and affection,
                  funeral expenses, loss of consortium and loss of the estate
                  as per the principle laid down by the Hon'ble Supreme
                  Court.

Gs                      Learned counsel for the respondent no.2-Insurance
                  Company submits that there is no infirmity and illegality in
                  the said award as the claimants have not proved the income
                  of the deceased by filing any documentary evidence. Hence,
                    2




there is no scope for interference in the said award by this
Court.

       Considering the submissions made by the learned
counsel for the respective parties and on perusal of the
impugned award more particularly on the basis on which the
same      has been arrived, at the impugned award dated
13.08.2015       passed by learned A.D.J.-cum-3rd M.A.C.T.,
Talcher in M.A.C. Case No.58 of 2009 is modified and
enhanced to further consolidated sum of Rs.8,00,000/-
(Rupees Eight lakhs). The Insurance Company is directed to
deposit    the   modified   enhanced    awarded    amount     of
Rs.8,00,000/- consolidated within a period of eight weeks
from today. The learned Tribunal is directed to disburse the
same to the claimant-appellants on proper identification
proportionately as per the order of the learned Tribunal.

       The MACA is accordingly disposed of.

       As restrictions are continuing due to COVID-19
Pandemic, learned counsel for the parties may utilize the
soft copy of this order available in the High Court's official
website or print out thereof at par with certified copies in the
manner prescribed, vide Court's notice dated 4587 dated
25.03.2020.

                                       .........................
                                        P. Patnaik, J.