Orissa High Court
Pravash Chandra Rout vs Mr. Rajesh Nayak And Another on 13 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.353 of 2018
Pravash Chandra Rout .... Appellant
Mr. D.C. Dey, Advocate
-versus-
Mr. Rajesh Nayak and another .... Respondents
Mr. A.A. Khan, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
13.12.2022
Order No.
08. 1. Heard Mr. D.C. Dey, learned counsel for the Appellant-
claimant as well as Mr. A.A. Khan, learned counsel for the
Respondent No.2-Insurance Company.
2. Present appeal by the Appellant-claimant is directed against the
common judgment dated 26.12.2017 of learned 4th MACT,
Cuttack in M.A.C. No.291 of 2013/140 of 2016, wherein the
learned Tribunal has granted compensation to the tune of
Rs.11,64,000/- along with interest @6% per annum to the
claimant from the date of filing of the claim application i.e.
17.05.2013 on account of death of the deceased in the motor
vehicular accident dated 18.04.2013.
3. Mr. Dey, learned counsel for the Appellant-claimant submits
that the Tribunal without considering the educational
qualification and background of the deceased treated him as a
skilled labourer to fix his notional income at Rs.7500/- per month,
which is erroneous.
4. Mr. Khan, learned counsel for the Respondent No.2-insurer on
the other hand submits that the deceased was a student on the date
of accident and therefore, fixation of his notional income at such
rate by the learned Tribunal is justified and requires no
interference.
5. It is seen that the deceased was aged about 22 years and
prosecuting his studies in Bachelor of Engineering in Computer
Science at Oman. Therefore, considering his qualification,
background and his future prospects, in the opinion of this Court
his notional income would be fixed at Rs.10,000/- per month. In
this regard, support is taken from the decisions of the Supreme
Court in (2020) 4 SCC 413 (Kajal -vs- Jagdish Chand and
others) and 2021 SCC Online SC 1083 (Meena Pawaia -vs-
Ashraf Ali and others).
6. Admittedly no challenge is made by the insurer either to its
liability or the negligence of the vehicle, and it is submitted that
in the meantime, the amount granted by the learned Tribunal has
been satisfied.
7. Thus taking the notional monthly income of the deceased at
Rs.10,000/- and adding thereto future prospects to the extent of
40%, a further consolidated sum of Rs.6,00,000/- (rupees six
lakhs) is proposed to the parties in course of hearing. Mr. D.C.
Dey, learned counsel for the claimant-Appellant agrees to the
same and Mr. A.A. Khan, learned counsel for Respondent No.2-
Insurance Company leaves it to the discretion of the Court. The
compensation amount is accordingly fixed to that extent.
8. The Insurance Company is directed to deposit the further
consolidated sum of Rs.6,00,000/- before the Tribunal within a
period of two months from today; where-after the same shall be
disbursed to the claimant on such terms and proportions to be
decided by the learned Tribunal.
9. The MACA is disposed of.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
