Orissa High Court
Malli Pradhan And Others vs M/S.Narayani Sons Pvt. Ltd. And on 23 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.282 of 2017
Malli Pradhan and others .... Appellants
Mr. P.K. Nayak, Advocate
-versus-
M/s.Narayani Sons Pvt. Ltd. and .... Respondents
another
Mr. G.P. Dutta, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
23.08.2023
Order No.
09. 1. Heard Mr. P.K. Nayak, learned counsel for the Appellants-
claimants and Mr. G.P. Dutta, learned counsel for the Respondent
No.2-Insurance Company.
2. It is submitted at the Bar that Appellant No.1-Malli Pradhan
died on 5.8.2017 during pendency of the appeal and other LRs of
the deceased being already on record, the name of Appellant No.1
may be deleted. Copy of the death certificate filed by Mr. P.K.
Nayak, learned counsel for the Appellants is kept on record.
3. Accordingly, the name of Appellant No.1 is deleted.
4. Present appeal by the Appellants-claimants is directed against
the judgment dated 23.12.2016 of learned 3rd MACT, Talcher in
M.A.C. Case No.19 of 2015, wherein the learned Tribunal has
granted compensation to the tune of Rs.8,02,000/- along with
interest @7.5% per annum to the claimants from the date of filing
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:12:28
of the claim application, i.e.02.02.2015 on account of death of the
deceased in the motor vehicular accident dated 02.01.2015.
5. The entire challenge is on the quantum of compensation. Mr.
P.K. Nayak, learned counsel for the Appellants submits that
despite the fact that the deceased was a driver on the date of
accident, learned Tribunal has fixed his income at Rs.6000/- per
month taking him as an un-skilled labourer.
6. In view of the copy of Bank Pass Book produced by way of
additional evidence by the claimants, the deceased is accepted as
a driver on the date of accident and as such, the computation of
income of the deceased at Rs.6000/- per month is found just and
appropriate. However, the claimants are entitled to addition of
25% to the income of the deceased towards future prospects.
Doing so along with grant of Rs.1,50,000/- towards general
damages including loss of consortium to the wife and children,
the claimants are found entitled to further compensation of
Rs.2,25,500/-, payable along with interest @6% per annum.
7. At this stage, it is submitted that the claimants have already
received the compensation amount as per direction of the learned
Tribunal. Accordingly, the claimants are found entitled to further
compensation of Rs.3,33,000/- consolidated.
8. In the result, the appeal is disposed of with a direction to the
Insurance Company to deposit the further consolidated sum of
Rs.3,33,000/- (rupees three lakhs thirty-three thousand) before the
Tribunal within a period of two months from today; where-after
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:12:28
the same shall be disbursed in favour of the claimants-Appellant
Nos.2 to 4 on such terms and proportion to be fixed by the
learned Tribunal.
It is made clear that, this Court has not disturbed the
direction of learned Tribunal regarding right of recovery granted
in favour of the Insurance Company.
9. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:12:28
