Jiradei Bag & Ors vs Dinadayal Agrawal & Ors
2023 Latest Caselaw 2758 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.607 of 2007

                 Jiradei Bag & Ors.                        ....            Appellants
                                                         Mr. S.K.Joshi, Advocate
                                            -versus-
                 Dinadayal Agrawal & Ors.                  ....        Respondents
                                                           Mr.S.A.Ali, Advocate


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

04.04.2023 Order No.

10. 1. The matter is taken up through hybrid mode.

2. Heard Mr.Joshi, learned counsel for the Appellant and Mr.Ali, learned counsel for the Claimant-Respondents.

3. Present appeal by the Claimant is directed against impugned judgment dated 9th April, 2007 of MACT, Nuapada in M.A.C. Case 13 of 2005, wherein compensation to the tune of Rs.2,01,000/- has been granted along with interest @9% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 16th November, 2004.

4. The claimants have prayed for enhancement of compensation amount mainly on the ground of addition of future prospect and secondly, grant of adequate amount towards general damages. It is further submitted that 1/4th should be deducted towards personal expenses instead of 1/3rd since four defendants are there.

5. Upon hearing both parties and accepting same income as taken by the Tribunal in the impugned judgment, the annual income comes to Rs.22,500/- with addition of future prospect to the extent of 25%. Deducting 1/4th towards personal expenses, the annual loss of dependency comes to Rs.16,875/- and total loss of dependency becomes to Rs.2,36,250/- by applying multiplier fourteen. Adding Rs.1,00,000/- thereto towards general damages including loss of consortium to the widow and three children, keeping the date of accident on 16th November 2004 in view, the final compensation amount is determined at Rs.3,36,250/-, payable along with interest @6% per annum.

6. In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.3 to deposit the compensation amount of Rs.3,36,250/- (Three lakhs thirty six thousand two hundred fifty) 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.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das