Branch Manager vs Pramodini Mishra & Ors
2023 Latest Caselaw 9987 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 14:12:32




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.1168 of 2018

                                Branch Manager, United India               ....         Appellant
                                Insurance Co.Ltd.
                                                                         Mr.R.C.Sahoo-1, Advocate

                                                              -versus-

                                Pramodini Mishra & Ors.                 ....      Respondents
                                Mr. T.K.Das on behalf of Mr.B.B.Singh, Advocate for Respondents

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

24.08.2023 Order No.

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

2. Heard Mr. Sahoo, learned counsel for the Appellant and Mr. Das on behalf of Mr.Singh, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against judgment dated 1st August, 2018 of 1st MACT, Mayurbhanja in M.A.C. Case No.66 of 2016, wherein compensation to the tune of Rs.18,59,656/- has been granted along with interest @7% 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 15th December, 2015.

4. The Insurer questions the quantum of compensation by submitting that wrong multiplier has been applied. As per the submissions of Mr. Sahoo, learned counsel for the Insurer, '9' is

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 14:12:32

the right multiplier instead of '11'. The Claimant-Respondents have also filed their cross objection praying for enhancement of compensation amount by adding consortium to the children.

5. The deceased was aged about 55 years and his death of birth is on 29th January 1960 as per the service record. This fact remains undisputed by the Claimants. Therefore, as per the multiplier table approved in Sarla Verma & Ors -vrs- Delhi Transport Corporation & Anr, (2009) 6 SCC 121 and confirmed in National Insurance Co.Ltd vrs Pranay Sethi & Ors, (2017) 16 SCC 680, the right multiplier is 9 for the age group between 56 to 60 years. The deceased being more than 55 years old on the date of accident, the right multiplier is 9. Accordingly, the loss of dependency is recomputed to Rs.14,64,264/-. Adding Rs.1,50,000/- towards general damages including consortium to the widow and two children, the total compensation amount is redetermined at Rs.16,14,264/- payable along with interest @6% per annum.

6. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the compensation of Rs.16,14,264/- (Sixteen lakhs fourteen thousand two hundred sixty four) 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: 25-Aug-2023 14:12:32

7. The statutory deposit made by the Appellant with accrued interest thereon shall be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge S.Das