Orissa High Court
Damayanti Mohanta vs Satyajit Dhar Mohapatra And ... on 27 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.695 of 2017 & MACA No.1083 of 2017
In MACA No.695 of 2017
Damayanti Mohanta .... Appellant
Mr. H.K. Mohanta, Advocate
-versus-
Satyajit Dhar Mohapatra and another .... Respondents
Mr. G.P. Dutta, Advocate for Respondent No.2
In MACA No.1083 of 2017
D.M., Oriental Insurance Co. Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Damayanti Mohanta and another .... Respondents
Mr. H.K. Mohanta, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
27.07.2022
Order No.
MACA Nos.695 & 1083 of 2017
12. 1. Heard Mr. G.P. Dutta, learned counsel for the Insurance
Company and Mr. H.K. Mohanta, learned counsel for the
claimant.
2. Both the appeals being arise out of the same judgment dated
27.04.2017 of the learned 1st MACT, Mayurbhanj, Baripada in
M.A.C. Case No.44/2015 wherein compensation to the tune of
Rs.12,34,000/- has been granted along with simple interest @7%
per annum to the claimants from the date of filing of the claim
application, i.e.18.03.2015 on account of death of the deceased in
a motor vehicular accident dated 25.12.2014, are heard together
and disposed of by this common order.
3. MACA No.1083 of 2017 has been filed by the Insurance
Company challenging the award and MACA No.695 of 2017 has
been preferred by the claimant praying for enhancement of the
compensation amount.
4. Mr. G.P. Dutta, learned counsel for the Insurance Company
while challenging the award submits that the monthly income of
the deceased has been erroneously fixed at Rs.12,000/- by the
learned Tribunal without valid evidence and therefore he prays
for reduction for quantum of compensation.
5. On the other hand, Mr. H.K. Mohanta, learned counsel for the
claimant submits that the learned Tribunal has forgotten to add
future prospects to the income of the deceased and further,
Rs.10,000/- only has been granted towards general damages
without any amount for loss of consortium.
6. The claimant is the mother of the deceased and the deceased
was unmarried. The accident is dated 25.12.2014 and as per the
claim of the applicant, the deceased was serving as a salesman in
Baripada Medical Hall and getting Rs.12,000/- per month as his
remuneration.
7. It is seen from the impugned judgment that P.W.3, who is
stated to be the Manager of said Baripada Medical Hall, has
stated that the deceased was getting Rs.12,000/- per month by
serving as a salesman. But no document with regard to the
employment of the deceased or any material regarding
authenticity of such employment of the deceased in the said
organization has been adduced. Further the proprietor/owner of
such medical hall did not come to the witness box. However as
per the evidence of P.W.1, it is found that the deceased is a
Graduate and such evidence of P.W.1 remains unchallenged.
Thus considering the educational qualification of the deceased
and in absence of concrete evidence with regard to his income,
this Court assessed his income at Rs.10,000/- per month by guess
work.
8. Admittedly the learned Tribunal has not granted any future
prospects and also did not grant filial consortium to the claimant,
who is the mother of the deceased. Further only Rs.5000/- has
been granted towards funeral expenses and another Rs.5000/-
towards loss of love and affection. Considering the principles
decided in the case of National Insurance Company Limited vs.
Pranay Sethi and others, (2017) 16 SCC 680, and Magma
General Insurance Company Ltd. vs. Nanu Ram @Chuhru
Ram and others, (2018) 18 SCC 130, 40% of the income towards
future prospects is added along with Rs.70,000/- towards
consortium as well as general damages.
9. In the result, total compensation is computed at
Rs.14,98,000/- which is rounded to Rs.15,00,000/-. Learned
counsels for the respective parties agree with the computation to
arrive the aforesaid amount.
10. Accordingly, both the appeals are disposed of with a direction
to the Insurance Company to deposit the total compensation of
Rs.15,00,000/- (rupees fifteen lakhs) before the Tribunal along
with interest @6% per annum from the date of filing of the claim
application, i.e.18.03.2015 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 decided by the
Tribunal.
11. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
application before this Court, the statutory deposit made in
MACA No.1083/2017 before this Court with accrued interest
thereon shall be refunded to the Appellant-Insurance Company
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
