Ranjan Kumar Behera & Anr vs Chandra Sekhar Nayak & Anr
2023 Latest Caselaw 3312 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.1038 of 2018

            Ranjan Kumar Behera & Anr.                 ....        Appellants
                                                    Mr.P.K.Mishra, Advocate

                                         -versus-

            Chandra Sekhar Nayak & Anr.          ....       Respondents
                            Mr.S.B.Panda, Advocate for Respondent No.2
                            Mr.K.Das, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

12.04.2023 Order No.

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

2. Heard Mr. Mishra, learned counsel for the Appellant, Mr.Panda, learned counsel for the Insurer-Respondent No.2 and Mr. Das, learned counsel for the Respondent No.1.

3. Present appeal by the Claimants is directed against judgment dated 8th August, 2018 of 1st MACT, Mayurbhanj in M.A.C. Case No.64 of 2016, wherein compensation to the tune of Rs.7,18,000/- has been granted along with interest @7% 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 22nd January, 2015.

4. The entire dispute is on quantification of compensation amount based on the income of the deceased. The Tribunal taking the deceased as a housewife has assessed her income at Rs.3,000/- per month. This is disputed by the Claimants with the

contention that the she was running a tailor shop and earning Rs.9,000/- per month.

5. On verification of the materials produced from the side of the Claimants it is seen that no documentary proof could be adduced to support their contention regarding income of the deceased at Rs.9,000/- per month. However, it is the oral evidence of the witnesses examined from the side of the Claimants that the deceased was running a tailoring shop. So in absence of any specific material with regard to definite income of the deceased, applying the prevalent rate of minimum wages at least, the income of the deceased cannot be assessed less than Rs. 5000/- per month. So, the assessment done by the Tribunal to fix her income at Rs.3,000/- per month is set aside and the same is fixed at Rs.5,000/- per month. Counting consequential enhancement in loss of dependency with addition of future prospect to the extent of 40% and deduction of 1/3rd towards personal expenses, the loss of dependency is derived at Rs.10,08,000/-. Adding Rs.80,000/- towards loss of consortium to the husband and minor son, and Rs.30,000/- for loss of estate and funeral expenses, total compensation amount is determined at Rs.11,18,000/-, payable along with interest @ 6% per annum. Since the entire amount including interest as directed by the Tribunal have already been paid and received by the Claimants in the meantime, the Insurer-Respondent No.2 is directed to pay the differential amount of Rs.4,00,000/- along with interest @ 6% per annum from the date of filing of the claim application i.e. 21st March 2016 within a period of two months from today, which shall be disbursed in favour of the Claimant-Appellants on such terms and proportion to be decided by the Tribunal.

6. With aforesaid modification in the compensation amount and directions, the appeal is disposed of.

7. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the insurance company.

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

( B.P. Routray) Judge

S.Das