Smt. Rina @ Archana Adhikari & Ors vs Director
2023 Latest Caselaw 8845 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Aug-2023 14:42:28




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        MACA No.21 of 2009

                                 Smt. Rina @ Archana Adhikari & Ors. ....         Appellants
                                                                   Mr.G.N.Sahu, Advocate

                                                             -versus-

                                 Director, National Institute of Science ....       Respondents
                                 & Technology, Gopalpur & Anr.
                                                                      Mr. S.K.Swain, Advocate

                                              CORAM:
                                              JUSTICE B. P. ROUTRAY

                                                           ORDER

08.08.2023 Order No.

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

2. Heard Mr. Sahu, learned counsels for the Appellant and Mr.Swain, learned counsel for Respondent No.2.

3. Present appeal by the Claimants is directed against judgment dated 11th November, 2008 of Additional District Judge-cum-3rd MACT, Rayagada in M.A.C. Case No.5 of 2004, wherein compensation to the tune of Rs.3,20,000/- has been granted along with interest @8% 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 July 2003.

4. Mr.Sahu submits for the Appellants that the learned Tribunal has taken the income of the deceased at Rs.27,000/- per annum despite the fact that the deceased was a contractor at the time of his death and the document under Ext.14 series have been filed to that effect.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 14:42:28

5. The accident took place on 12th July 2003 and it is seen that substantial materials have been produced to reveal that the deceased was earning his livelihood as a contractor. Though the Income Tax Return has not been filed but the work orders issued in favour of the deceased under Ext.14 series have been produced. Considering the oral evidence adduced in that regard and the documents produced under Ext.14 series, in the opinion of this Court the annual income of the deceased should not be less than Rs.40,000/- on the date of his death. Mr.Sahu, learned counsel for the Appellant agrees with the amount.

6. Accordingly, adding future prospect to the extent of 40% and deducting 1/3rd from the same towards personal expenses and applying multiplier 17, the loss of dependency comes to Rs.9,52,000/-. Adding Rs.1,00,000/- thereto towards general damages including loss of consortium to the widow and minor children, the final compensation amount is determined at Rs.10,52,000/-, payable along with interest @6% per annum.

7. Since in the meantime, the amount as directed by the Tribunal have already been paid and received, the Insurer is directed to pay the balance amount of Rs.7,32,000/- along with interest.

8. In the result, the appeal is disposed of with a direction to the Insurer to deposit balance amount of Rs.7,32,000/- (Seven lakhs thirty two thousand) along with interest @ 6% per annum with effect 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.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 14:42:28

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

( B.P. Routray) Judge S.Das