Orissa High Court
M/S. National Insurance Company ... vs Indira Padhy And Others on 21 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.555 of 2020
M/s. National Insurance Company Ltd.
represented through its Manager-cum-
Officer-in-Charge and Constituted ....
Appellant
attorney Legal Cell, Cuttack
Mr. Bibhuti Bhusana Mishra, Advocate
-versus-
Indira Padhy and Others .... Respondents
Mr. Ananta Narayan Pattanayak, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.10.2022
Order No.
05. 1. The matter is taken up through hybrid mode.
2. Heard Mr. B.B. Mishra, learned counsel for the insurer-
Appellant and Mr. A.N. Pattanayak, learned counsel for claimant -
Respondent No.1.
3. Present appeal by the insurer is directed against the impugned
judgment dated 9th August, 2019 of the learned 4th MACT,
Bhubaneswar passed in MAC No.327 of 2007 wherein compensation
of Rs.20,88,940/- along with interest @ 6% per annum from the date
of filing of the claim application, i.e. 25th August, 2007 has been
awarded on account of death of the deceased in the motor vehicular
accident dated 25th November, 2006.
4. The entire challenge of the insurer is relating to the quantum of
compensation.
5. Upon hearing both parties and considering all such grounds of
challenge advanced on behalf of the Appellant, it is seen that the
Tribunal has assessed income of the deceased at Rs.20,428/- per
month, which is on pay and DA only. Therefore, no ground is seen to
reduce the amount of monthly income from Rs.20,428/-. However,
after deducting the statutory tax components towards professional tax
and income tax, at the applicable rate on the date of accident, the
annual income is derived at Rs.2,14,500/-. Adding 15% future
prospects thereto and applying multiplier '11' and further adding
Rs.1,50,000/- towards general damages and consortium to the
claimants, with deduction of 1/3rd towards personal expenses from the
income, the total compensation is determined as Rs.19,58,950,
rounded to Rs.19,60,000/- which is payable along with interest @ 6%
per annum.
6. In the result, the appeal is disposed of with a direction to the
insurer - Appellant to deposit the reduced compensation amount of
Rs.19,60,000/- (nineteen lakhs sixty thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 25th August, 2007, within a period of two
months from today, where-after the same shall be disbursed in favour
of the claimant - Respondents on such terms and proportion to be
decided by the learned tribunal.
7. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
8. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
