Orissa High Court
The Divisional Manager vs Bijaya Kumar Sahoo And Another on 28 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.772 of 2020
And
MACA No.32 of 2021
MACA No.772 of 2020
The Divisional Manager, .... Appellants
M/s.The New India Assurance Co. Ltd.
Mr.B.Das Mohapatra, Advocate
-versus-
Bijaya Kumar Sahoo and another .... Respondents
Mr.B.N.Rath, Advocate for Respondent Nos.1 & 2
AND
MACA No.32 of 2021
Bijaya Kumar Grahacharya and .... Appellants
another
Mr.B.N.Rath, Advocate
-versus-
Bijaya Kumar Sahoo and another .... Respondents
Mr.B.Das Mohapatra, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
28.07.2022
Order No.
5. 1. Heard Mr.Das Mohapatra, learned counsel for the
claimants and Mr.Rath, learned counsel for the Insurer.
2. Both the appeals being directed against the same
judgment are taken up together and disposed of by this common
order.
3. MACA No.772 of 2020 has been preferred by the
claimants praying for enhancement of the compensation amount
and MACA No.32 of 2021 has been preferred by the Insurer
challenging the compensation amount.
4. The challenge in both the appeals is against the
impugned judgment dated 7th October, 2020 passed by the learned
2nd Addl. District Judge-cum- 3rd MACT, Cuttack in MAC
No.784 of 2017, wherein compensation to the tune of
Rs.9,77,200/- along with interest @7% 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
22nd May, 2016.
5. First dealing with the challenge advanced by the
Insurer, Mr.Das Mohapatra, learned counsel for the Insurer
contends that the deceased being a student, no future prospects
can be added to his notional income. In addition to the same, It is
further contended that the deceased is a minor being aged about
17 years 9 months on the date of accident. Such challenge as
advanced on behalf of the Insurer is not sustainable in view of the
principles decided in the case of Kirti and another vrs. Oriental
Insurance Company Limited, reported in (2021) 2 SCC 166.
Therefore no illegality is seen in approach of the Tribunal in
adding 40% towards future prospects to the notional income of
the deceased.
6. Next coming to the prayer for enhancement according
to the claimants, it is submitted by Mr.Rath that the deceased was
a final year student of diploma engineering and earning
Rs.10,000/- months by private tuition. Therefore, he prays for
enhancement of compensation suitably.
7. As seen from the impugned judgment, the Tribunal
disbelieving such claim of income on the part of the deceased
from private tuition, fixed his notional income at Rs.6,000/- per
month . However, such fixation of notional income of Rs.6,000/-
per month in the year 2016 for a final year student of diploma
engineer is found at lower side and accordingly it is enhanced to
Rs.7,500/-.
8. As such, considering the submissions of both the
parties and taking into account all the relevant factors like age,
multiplier and status of the deceased as a student etc, an enhanced
compensation of Rs.10,50,000/- along with interest @6% per
annum is proposed to the parties in course of hearing. This is
agreed by Mr.Rath, learned counsel for the claimants. Mr.Das
Mohapatra, learned counsel for the Insurer leaves it to the
discretion of the Court. As such, the amount is fixed to that
extent.
9. The Insurer is directed to deposit the compensation of
Rs.10,50,000/-(Ten lakhs fifty thousand) 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 to be fixed by the Tribunal.
10. With aforesaid modification in the compensation
amount, both the appeals are disposed of.
11. The statutory deposit made by the Appellant in MACA
No.772 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.
12. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
