Orissa High Court
Hema @ Hemalata Behera And Others vs Sashanka Sekhar Sabat And Another on 9 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.411 of 2017
Hema @ Hemalata Behera and others .... Appellants
Mr. B.N. Rath, Advocate
-versus-
Sashanka Sekhar Sabat and another .... Respondents
Mr. P.K. Panda, Advocates for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
09.02.2023
Order No.
08. 1. Heard Mr. B.N. Rath, learned counsel for the Appellants-
claimants as well as Mr. P.K. Panda, learned counsel for the
Respondent No.2-Insurance Company.
2. Present appeal by the claimants is directed against judgment
dated 30.01.2017 of learned 6th MACT, Berhampur, Dist.Ganjam
in M.A.C. Case No.250 of 2014, wherein learned Tribunal has
granted compensation to the tune of Rs.2,81,000/- along with
interest @9% per annum in favour of the claimants from the date
of filing of the claim application on account of death of the
deceased in the motor vehicular accident dated 18.9.2014.
3. Mr. B.N. Rath, learned counsel for the claimants-Appellants
contends that the Tribunal has illegally deducted family pension
amount received by the widow from the compensation and also
did not add any amount towards loss of consortium.
4. Upon hearing Mr. P.K. Panda, learned counsel for the insurer
and perusal of the impugned judgment, it reveals that learned
Tribunal while computing compensation amount has deducted the
family pension amount of Rs.6180/- received by the widow. This
approach of learned Tribunal while computing loss of
dependency is not approved under the law. It is well settled that
the amount received towards family pension upon death of the
deceased should not be counted for deduction. Further, the
Tribunal has granted lesser amount towards loss of spousal
consortium to the widow and no amount was granted for loss of
parental consortium to the children.
5. Considering all such factors, the claimants-Appellants are
found entitled for a further sum of Rs.5,26,500/-. Taking into
account consequential interest @6% per annum payable thereon,
a further consolidated amount of Rs.7,00,000/- is proposed to the
parties. Mr. B.N. Rath, learned counsel for the claimants-
Appellants agrees to the same and Mr. P.K. Panda, learned
counsel for Respondent No.2-Insurance Company leaves it to the
discretion of the Court. The compensation amount is accordingly
fixed to that extent.
6. In the result, the Insurance Company is directed to deposit
further consolidated sum of Rs.7,00,000/- (rupees seven lakhs)
before the Tribunal within a period of two months from today;
where-after the same shall be disbursed to the claimants on such
terms and proportions to be decided by learned Tribunal.
7. The MACA is disposed of.
8. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
