Orissa High Court
Clara Anastacia Xalxo And Others vs Purna Chandra Mohanta And Others on 10 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.542 of 2016
Clara Anastacia Xalxo and others .... Appellants
Mr. P.K. Nayak, Advocate
-versus-
Purna Chandra Mohanta and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent No.2
Mr. A.A. Khan, Advocate for Respondent No.4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.11.2022
Order No.
08. 1. Heard Mr. P.K. Nayak, learned counsel for the Appellant-
claimants, Mr. P.K. Mishra, learned counsel for the Respondent
No2-National Insurance Company Limited and Mr. A.A. Khan,
learned counsel for the Respondent No.4-Cholamandalam MS
General Insurance Co. Ltd.
2. Present appeal by the claimants is directed against the
judgment dated 06.01.2016 of learned III M.A.C.T., Rourkela in
M.A.C. Case No.93 of 2013, wherein compensation to the tune of
Rs.22,08,015/- has been granted along with interest @6% per
annum to the claimants from the date of filing of the claim
application on account of death of the deceased in the motor
vehicular accident dated 23.02.2013.
3. It is submitted by Mr. Nayak, learned counsel for the
Appellants-claimants that the Tribunal did not add any future
prospect to the income of the deceased and further, deducted the
family pension amount from the income. He thus prays to re-
count the compensation amount. He further submits that
Appellant No.6-Patras Xalxo died in the meantime on 13.10.2019
and all other LRS being on record, no further substitution is
required.
4. After hearing Mr. P.K. Mishra as well as Mr. A.A. Khan,
learned counsels for respective Insurance Companies, it is seen
from the impugned judgment that negligence has been distributed
at the ratio of 70:30 between National Insurance Company Ltd.
and Cholamandalam MS General Insurance Co. Ltd. Neither of
the Insurance Companies have preferred appeal to challenge such
finding of the learned Tribunal.
5. Now coming to the question of quantum of compensation, it is
seen that the Tribunal has adopted a complete erroneous
procedure to determine the compensation. It first deducted the
medical and house rent allowances and then deducted the family
pension amount from the income of the deceased. The deceased
was a Bank employee and his annual income is determined at
Rs.5,56,399/-. The claimants admit such amount of income of the
deceased as per learned Tribunal. Mr. Nayak also does not
dispute to such amount of income of the deceased. Thus
accepting the income of the deceased to such extent and after
deducting statutory tax amount there-from, i.e. Rs.41,200/-
towards income tax and Rs.2,500/- towards professional tax, the
net annual income remains Rs.5,12,699/-. Adding future
prospects to the extent of 15% thereto, it comes to Rs.5,89,603/-.
Considering the number of claimants, 1/5th of the same is liable to
be deducted towards personal expenses. Doing so, it comes to
Rs.4,71,683/- and applying multiplier '11', the total loss of
dependency comes to Rs.51,88,513/-. Adding Rs.1,60,000/-
towards loss of consortium to the wife and three children and
general damages of Rs.30,000/-, the total compensation is
determined at Rs.53,78,513/-.
6. It needs to be mentioned here that law is no more res integra
that the pecuniary advantages like family pension, gratuity, etc.
are not to be considered for deduction from the compensation
amount.
7. At this stage, Mr. Nayak submits that the claimants have
already received the compensation amount including interest in
terms of the direction of the Tribunal. So deducting a sum of
Rs.22,08,015/- from the modified compensation amount of
Rs.53,78,513/-, the balance amount remains Rs.31,70,498/-,
payable by both Insurance Companies in the ratio of 70:30 as
determined by the Tribunal.
8. In the result, the appeal is disposed of with a direction to the
Respondent No.2-National Insurance Co. Ltd. and Respondent
No.4-Cholamandalam MS General Insurance Co. Ltd. to deposit
the balance compensation amount of Rs.31,70,498/- (rupees
thirty-one lakhs seventy thousand four hundred ninety-eight) in
the ratio of 70:30 respectively, before the Tribunal along with
interest @6% per annum respectively, 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-Appellant Nos.1 to 5 (except Appellant No.6-Patras
Xalxo) on such terms and proportion to be fixed by the Tribunal.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
