Smt.Naimy Jojo And Others vs New India Assurance Company Ltd
2022 Latest Caselaw 7139 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.171 of 2002

            Smt.Naimy Jojo and others                 ....        Appellants
                                                     Mr.J.R.Dash, Advocate

                                         -versus-

            New India Assurance Company Ltd.
            and another                       ....          Respondents
                           Mr.G.P.Dutta, Advocate for Respondent No.1

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                       ORDER

6.12.2022 Order No.

8. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dash learned counsel for the claimants- Appellants and Mr.Dutta, learned counsel for Respondent No.1- Insurer.

3. Present appeal by the claimants is directed against the judgment dated 6th July, 2002 of the Member, 2nd Motor Accident Claims Tribunal, Northern Division, Sambalpur, in Misc.(A) Case No.39 of 2000(SN), wherein compensation to the tune of Rs.5,00,000/- has been granted along with interest @9% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 5th January, 2000.

4. Mr.Dash contends for the claimants that the Tribunal has applied wrong multiplier 8 instead of 15 to compute the loss

of dependency and further did not grant any amount towards loss of consortium.

5. Upon hearing Mr.Dutta and on perusal of the impugned judgment, it is seen that the Tribunal took income of the deceased at Rs.6,000/- per month upon assessment. Only enhancing the multiplier to 14 as per the age of the deceased, and without disturbing the other findings of the Tribunal, the total loss of dependency comes to Rs.8,40,000/-. It needs to be mentioned here that as per the postmortem examination report, the age of the deceased is considered as 45 years on the date of accident. Further granting Rs.40,000/- each to the wife and two children towards consortium and general damages of Rs.30,000/-, the total compensation amount comes to Rs.9,90,000/-, payable with interest @6% per annum.

6. In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.1 to deposit the entire compensation amount of Rs.9,90,000/- (Nine lakhs ninety thousand) along with interest @6% per annum from the date of filing of the claim application, subject to deduction of the amount already paid (along with interest) to the claimants in terms of the direction of the Tribunal, 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 to be fixed by the Tribunal.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal