Suprava Nayak And Others vs Shantilata Mohapatra And Another
2023 Latest Caselaw 1636 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.94 of 2007
                 Suprava Nayak and Others              ....         Appellants
                                            Mr. Ramesh Ch. Behera, Advocate
                                          -versus-
                 Shantilata Mohapatra and Another      ....       Respondents
                               Mr. N.K. Mohanty, counsel for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

21.2.2023 Order No.

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

2. Heard Mr. R.C. Behera, learned counsel claimant - Appellants and Mr. N.K. Mohanty, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against impugned judgment dated 15th November, 2006 of learned 1st MACT, Cuttack passed in Misc. Case No.589 of 2002, wherein compensation to the tune of Rs.1,65,000/- along with interest @ 6% per annum form the date of filing of the claim application, i.e. 6th December, 2002 has been granted on account of death of deceased Ajaya Kumar Nayak in the motor vehicular accident dated 29th June, 2002.

4. It is seen from the impugned judgment that the tribunal while taking the income of the deceased at Rs.2000/- per month has applied the multiplier considering the age of the claimants who are the parents of the deceased. Law is now well settled that the age of the deceased is to be considered for determining multiplier.

5. Undoubtedly, the deceased was 22 years old on the date of accident. Thus, considering all such factors, a further consolidated sum of Rs.2,50,000/- is proposed to the parties. This is agreed by Mr. Behera, learned counsel for the claimant - Appellants and Mr. Mohanty, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

6. In the result, the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.2,50,000/- (two lakhs fifty thousand) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by learned tribunal.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda