Gajala Parween And Others vs Bidyadhar Sahoo And Another
2023 Latest Caselaw 10104 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1240 of 2015
                 Gajala Parween and Others                 ....         Appellant
                                            Mr. Pabitra Kumar Nayak, Advocate
                                             -versus-
                 Bidyadhar Sahoo and Another               ....      Respondents
                                   Mr. R.C. Sahoo, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

25.8.2023 Order No.

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

2. Heard Mr. P.K. Nayak, learned counsel for the claimant - Appellants and Mr. R.C. Sahoo, learned counsel for the insurer - Respondent No.2.

3. Present appeal by the claimant - Appellants is directed against the impugned common judgment dated 22nd July, 2015 of learned 5th MACT, Rourkela passed in MAC Case Nos.151 of 2011 and 230 of 2011, wherein compensation to the tune of Rs.10,50,000/- along with interest @ 6% per annum from the date of passing of the award has been granted on account of death of deceased Md. Ayub in the motor vehicular accident dated 17th January, 2011.

4. Mr. Nayak, learned counsel submits on behalf of the Appellants that learned tribunal did not add any future prospect to the income of the deceased and further directed for payment of interest from the date of award instead of date of filing of the claim application.

5. Perusal of the impugned judgment reveals that the income of the deceased has been assessed at Rs.6000/- per month. Thus the annual loss of dependency comes to Rs.54,000/-. Applying multiplier '17' with addition of future prospect to the extent of 40% and granting interest @ 6% per annum from the date of filing of the claim application on entire compensation amount, the claimants are found entitled for further compensation of Rs.7,90,000/- consolidated. Mr. Nayak, learned counsel for the claimants agrees to the amount.

6. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.7,90,000/- (seven lakhs ninety thousand) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by the learned tribunal.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack