Orissa High Court
The Legal Manager vs Srikanth Patro And Others on 8 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA Nos.249 & 796 of 2020
MACA Nos.249 of 2020
The Legal Manager, T.P.Cell,
M/s.The New India Assurance
Company Ltd. .... Appellant
Mr.G.P.Dutta, Advocate
-versus-
Srikanth Patro and others .... Respondents
Mr.B.Pr.Mohanty, Advocate for Respondent Nos.1 & 2
AND
MACA No. 796 of 2020
Srikanth Patro and another .... Appellants
Mr.B.Pr.Mohanty, Advocate
-versus-
M/s.New India Assurance Company .... Respondents
Ltd. and another
Mr.G.P.Dutta, Advocate for Respondent Nos.1 & 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
08.4.2022
Order No.
10. 1. Heard Mr.Dutta, learned counsel for the Insurer and
Mohanty, learned counsel for the claimants.
2. Both the appeals being directed against the same
judgment are taken up together and disposed of by this common
order.
3. The challenge in both the appeals is against impugned
judgment dated 8th August, 2019 passed by the learned 1st
M.A.C.T., Cuttack in M.A.C.Case No.25 of 2014, wherein
compensation to the tune of Rs.49,62,800/- along with interest
@6% per annum has been granted from the date of filing of the
claim application on account of death of the deceased in the
motor vehicular accident dated 24th October, 2013.
4. The main ground of challenge by the Insurer is to the
effect that, husband is not a dependant on the income of the wife
and therefore, 50% of income of the deceased should have been
deducted instead of 1/3rd. Secondly, the deceased being in the job
of a private sector, 40% towards future prospects instead of 50%,
has to be granted. Having examined the challenges, none of the
grounds raised by the Insurer is found with substance keeping in
view the decision in the case of National Insurance Company
Limited vs. Birender and others, reported in (2020) 11 SCC 356.
It is relevant to mention that as per the decision in the case of
National Insurance Company Ltd. v. Pranay Sethi and Others
(2017) 16 SCC 680, where the deceased was below 40 years and
had a permanent job, 50% of actual salary has to be added
towards future prospects and 40% if the deceased was self-
employed or on a fixed salary. Thus considering the fact that the
deceased was working as Senior Lecturer in a premier institution
namely FIITJEE, grant of 50% of actual salary towards future
prospects is justified.
5. On the other hand, the ground advanced by the
claimants is that the deceased should be taken within the age
group of 26 to 30 years. The same is not found sustainable
keeping in view the admitted age of the deceased on the date of
accident as 30 years 04 months.
6. Having heard both parties and considering the grounds
advanced, a reduced compensation of Rs.46,00,000/- along with
interest @6% per annum is proposed to the parties in course of
hearing. This is agreed by Mr.Mohanty, learned counsel for the
claimants-Respondent Nos.1 & 2. Mr.Dutta, learned counsel for
the Insurer leaves it to the discretion of the Court. As such, the
amount is fixed to that extent.
7. The Insurer is directed to deposit the reduced
compensation of Rs.46,00,000/- (Forty six lakhs) before the
Tribunal along with interest @6% per annum from the date of
filing of the claim application within a period of two months from
today; where-after the same shall be disbursed in favour of the
claimants on such terms and proportion as directed by the
Tribunal. However, the penal interest @12% is waived. As
prayed for by the Insurer, it is open for him to seek such right of
recovery, if recoverable, from the owner of the vehicle in
accordance with law after affording opportunity of hearing to the
owner.
8. With aforesaid modification in the compensation
amount, both the appeals are disposed of.
9. The statutory deposit made by the Insurer in MACA
No.249 of 2020 with accrued interest thereon be refunded to him
on proper application and on production of proof of deposit of the
award amount before the learned Tribunal.
10. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
