Orissa High Court
Madhumita Nayak And Others vs Siba Sankar Panda And Another on 4 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.971 of 2007
(From the judgment dated 30th July, 2007 passed by Shri D. Chaulia,
M.A.LL.B., Member, 5th MACT, Khurda in M.A.C.T Misc. Case No.78
of 2003)
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Madhumita Nayak and others ...... Appellants
Versus
Siba Sankar Panda and another ...... Respondents
Advocate(s) appeared in this case :-
For Appellants : Mr. Kalpataru Panigrahi, Advocate
For Respondents : Mr. B. Dasmohapatra,
Advocate for Respondent No.2
CORAM : JUSTICE B.P. ROUTRAY
JUDGMENT
4th May, 2022
B.P. Routray,J.
1. The present appeal by the claimants is directed against the
judgment dated 30th July, 2007 of learned Member, 5th MACT, Khurda
in M.A.C.T Misc. Case No.78 of 2003 wherein compensation to the tune
of Rs.2,25,500/- along with interest @ 7.5% per annum from the date of
filing of the claim application, i.e. 23rd September, 2003 has been granted
on account of death of the deceased Golaka Nayak @ Golekha Naik in
the motor vehicular accident dated 3rd April, 2003.
2. The claimants have prayed for enhancement of the compensation
amount in the present appeal.
3. It is contended that the deceased, as a mason, was earning Rs.120/-
per day but the learned Tribunal took his income at Rs.1500/- per month
erroneously and further deducted 1/3rd instead of 1/6th towards personal
expenses without considering the number of dependents as '9'. It is
further contended that neither any future prospects nor parental
consortium has been granted by the learned Tribunal.
4. It is seen from the record that, the age of the deceased as 28 years
on the date of accident and his avocation as Mason is not disputed by the
insurer. The submission to count the income of the deceased at Rs.120/-
per day is not acceptable for the reason that the prescribed rate of wages
on the date of accident, i.e. on 3rd April, 2003 was Rs.50/- per day. As
such, considering the admitted avocation of the deceased as Mason, the
Tribunal has rightly determined his income at Rs.1500/- per month.
5. There are nine claimants stated to be dependent on the deceased,
who are the parents, wife, three children, two brothers and one sister.
Therefore, the amount liable to be deducted towards personal expenses
should be 1/5th as per the principles decided in the case of National
Insurance Co. Ltd. v. Pranay Sethi and Others, (2017) 16 SCC 680.
6. It is further seen from the impugned judgment that the Tribunal
did not grant any future prospects and parental consortium, and only
granted Rs.2000/- towards funeral expenses, Rs.2,500/- towards loss of
estate and Rs.5000/- towards spousal consortium to the widow wife. As
such the amount of compensation is liable to be enhanced on those
counts also in terms of the principles decided in the case of Pranay Sethi
(Supra). As such, the modified compensation is calculated as follows:-
i) Annual Income Rs.1500/- X 12 = Rs.18,000/-
ii) Deduction of 1/5th towards Rs.18,000/- - 3,600/- =
personal expenses Rs.14,400/-
iii) Adding 40% towards future Rs.14,400/- + 5,760/- =
prospects Rs.20,160/-
iv) Total loss of dependency Rs.20,160/- X 18 =
Rs.3,62,880/-
v) Adding general damages, Rs.30,000/- + 40,000/- +
spousal consortium and parental 1,20,000/- = Rs.190,000/-
consortium (for 3 children)
Total Rs.3,62,880 + Rs.1,90,000/- =
Rs.5,52,880/-
7. Accordingly, the claimants are found entitled to a total
compensation of Rs.5,52,880/- as calculated above, which is payable
along with interest @ 6% per annum from the date of filing of the claim
application.
8. Since the claimant - Appellants have already received
compensation of Rs.2,25,500/- along with interest @ 7.5% as per
submission of the parties, considering the differential amount along with
interest @ 6%, the insurer Respondent No.2, i.e. New India Assurance
Co. Ltd. is directed to pay a further consolidated sum of Rs.7,00,000/-
(seven lakhs) to the claimants - Appellant Nos.1, 2, 3 and 4 on equal
proportion who are wife and children of the deceased, by depositing the
same before the Tribunal within a period of two months from today.
9. The MACA is disposed of.
(B.P.Routray)
Judge
M.K. Panda/Sr. Steno
