Marshal Minz & Ors vs Santosh Kumar Das Manikpuri & Anr
2023 Latest Caselaw 4310 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.359 of 2016

                 Marshal Minz & Ors.                      ....          Appellant
                                                       Mr.K.Panigrahi, Advocate
                                            -versus-
                 Santosh Kumar Das Manikpuri & Anr. ....             Respondents
                                                        Mr.G.P.Dutta, Advocate

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

25.04.2023 Order No.

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

2. Heard Mr.Panigrahi, learned counsel for the Appellant and Mr.Dutta, learned counsel for the Respondents.

3. Present appeal by the Claimants is directed against judgment dated 9th December, 2015 of 1st Additional District Judge-cum-3rd M.A.C.T., Rourkela in MAC No.312 of 2013, wherein compensation to the tune of Rs.4,35,000/- has been granted along with interest @6% 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 12th November, 2013.

4. Mr.Panigrahi, submits that the Tribunal without considering the income of deceased as per minimum wage rate has assessed the same notionally at Rs.3,000/- per month only. He further submits that no amount towards future prospect has been added on the income of the deceased and no amount towards consortium has been granted to the

widow and children. Further, 1/3rd has been deducted towards personal expenses instead of 1/4th.

5. Upon hearing Mr.Dutta and considering all such submissions made by Mr.Panigrahi, a further consolidated compensation of Rs.7,50,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Panigrahi, learned counsel for the claimants. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.7,50,000/- (Seven lakhs fifty thousand) before the Tribunal 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