Orissa High Court
The Manager Claims vs Namita Das And Others on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.816 of 2018 & MACA No.407 of 2018
In MACA No.816 of 2018
The Manager Claims, Oriental .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Namita Das and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4
In MACA No.407 of 2018
Namita Das and others .... Appellants
Mr. P.K. Mishra, Advocate
-versus-
Pratap Kumar Swain and another .... Respondents
Mr. A.A. Khan, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
26.04.2023
Order No.
06. 1. Heard Mr. A.A. Khan, learned counsel for the Insurance
Company and Mr. P.K. Mishra, learned counsel for the claimants.
2. Both the appeals being arise out of same impugned judgment
dated 24.01.2018 of learned 3rd MACT, Bhubaneswar in M.A.C.
Case No.39/22 of 2012, wherein compensation to the tune of
Rs.8,80,500/- has been granted along with interest @7% per
annum to the claimants from the date of filing of the claim
application, i.e.05.03.2012 on account of death of the deceased,
namely, Santosh Kumar Das in a motor vehicular accident dated
21.01.2012, are heard together and disposed of by this common
order.
3. MACA No.816 of 2018 has been filed by the insurer
challenging the award and MACA No.407 of 2018 has been filed
by the claimants praying for enhancement of the compensation
amount.
4. It is submitted by Mr. P.K. Mishra, learned counsel for the
claimants that Appellant Nos.3 & 4 in MACA No.407 of 2018
and Respondent Nos.3 & 4 in MACA No.816 of 2018, namely,
Anam Das and Malati Das died during pendency of the appeal on
12.7.2020 & 11.12.2019 respectively. He files a memo today to
that effect. The same is kept on record.
5. All such contentions raised by Mr. A.A. Khan, learned
counsel for the insurer to disown the liability as well as
negligence on the part of the driver of the offending Truck
bearing Registration No.OR-04-G-7999 is rejected for the same
reasons stated in the connected appeals, Viz. MACA No.814 of
2018 & MACA No.405 of 2018, which are disposed of today.
6. So far as the quantum of compensation is concerned, it is
submitted by Mr. Khan that in absence of material proof with
regard to income, the rate of minimum wages prevalent on the
date of accident should have been counted for the purpose of
income. But the Tribunal has taken the income of the deceased at
Rs.6000/- per month against the same. Conversely, it is submitted
by Mr. Mishra, learned counsel for the claimants that the income
aspect of the deceased has been brought on record through Ext.6,
the certificate of income granted by the concerned Sarpanch
showing income of the deceased at Rs.10,000/- per month as a
Transport Manager, which was disbelieved by learned Tribunal.
On the backdrop of such rival contentions regarding income of
the deceased, I agree with the finding of the learned Tribunal. It is
for the reason that the certificate granted by the Sarpanch to
quantify the income at specific amount has no authenticity in the
eye of law. However, the statement of the widow that the
deceased was a Transport Manager cannot be discarded and thus
the assessment made by learned Tribunal to fix his income at
Rs.6000/- per month is confirmed. But as seen from the impugned
award, the Tribunal did not add any future prospect to the income
of the deceased on the ground that the deceased did not have any
established income. This reasoning of learned Tribunal is against
the principles decided in the cases of National Insurance
Company Ltd. vs. Pranay Sethi and others, (2017) 16 SCC 680,
and Kirti and another vs. Oriental Insurance Company Limited,
(2021) 2 SCC 166. The future prospect to the extent of 40% is
thus liable to be added on the income of the deceased. Further,
two minor children of the deceased are found entitled for grant of
amount towards loss of parental consortium. Adding all such
amounts, the claimants are found entitled to further enhanced
amount of Rs.3,64,000/- thereby enhancing the compensation
amount to Rs.12,44,500/-, payable along with interest @6% per
annum.
7. In the result, both the appeals are disposed of with a direction
to the insurer i.e. Oriental Insurance Company Limited to deposit
the modified compensation amount of Rs.12,44,500/- (rupees
twelve lakhs forty-four thousand five hundred) before the
Tribunal along with interest @6% per annum from the date of
filing of the claim application, i.e. 05.03.2012, within a period of
two months from today; where-after the same shall be disbursed
in favour of Claimant Nos.1 & 2, namely Namita Das and Soyam
Prasad Das respectively on such terms and proportion to be fixed
by the Tribunal. However, the direction for payment of penal
interest is waived.
8. On deposit of the award amount before learned Tribunal and
filing of a receipt evidencing the deposit with a refund application
before this Court, the statutory deposit made in MACA No.816 of
2018 before this Court with accrued interest thereon shall be
refunded to the Insurance Company.
( B.P. Routray)
Judge
B.K. Barik
