Biswa Prakash Sahoo And Another vs Sujata Parida And Another
2023 Latest Caselaw 9772 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        MACA No.1212 of 2014


                                   Biswa Prakash Sahoo and another         ....        Appellants
                                                                          Mr.A.K.Otta, Advocate


                                                               -versus-



                                   Sujata Parida and another                ....       Respondents
                                                     Mr.G.P.Dutta, Advocate for Respondent No.2

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                           ORDER

22.8.2023

Order No.

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

2. Heard Mr. Otta, learned counsel for the Claimants- Appellants and Mr. Dutta, learned counsel for Insurer- Respondent No.2.

3. Present appeal by the claimants is directed against the judgment dated 28th November, 2014 of the 1st Addl. District Judge-cum-1st MACT, Cuttack, in M.A.C.No.110 of 2013, wherein compensation to the tune of Rs.2,00,000/- has been granted along with interest @6.5% per annum with effect from Signature Not Verified the date of filing of the claim application on account of death of Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack

the deceased in the motor vehicular accident on 24th December, 2012.

4. Mr.Otta submits that the Tribunal without adopting settled procedure has directed for payment of a meager amount of Rs.2,00,000/- in favour of the claimants, who are sons of the deceased.

5. Perusal of the impugned judgment reveals that the Tribunal has held that the claimants being major sons of the deceased have failed to satisfy their loss of dependency on account of death of deceased. This is contrary to the law settled in the case of National Insurance Company Ltd. vrs. Birender and others, 2020(1) T.A.C.675 (S.C.) and therefore, the observation of the Tribunal that the claimants are not entitled for compensation is set aside. The claimants are held entitled for compensation.

6. Adopting multiplier procedure with addition of future prospect to the extent of 15% and adequate amount towards general damages, the compensation amount is determined at Rs.19,00,000/-, payable along with interest @6% per annum. By adjusting the sum of Rs.2,00,000/- as granted by the Tribuanl, which has been paid and received in the meantime by the claimants, the Insurer-Respondent No.2 is held liable to pay the differential amount of Rs.17,00,000/- (Seventeen lakhs) with interest.

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL

7. In the result, the appeal is allowed and the Insurer- Designation: Secretary Reason: Authentication Respondent No.2, i.e. M/s. Cholamandalam MS General Location: Orissa High Court, Cuttack Date: 23-Aug-2023 17:19:16 Insurance Company Limited is directed to deposit balance

compensation amount of Rs.17,00,000/- (Seventeen lakhs) before the Tribunal along with interest @6% per annum from the date of filing of 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.

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

( B.P. Routray) Judge

C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack