Anusaya Das And Others vs Kishore Kumar Swain And Another
2023 Latest Caselaw 1836 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK


                                   MACA No.1111 of 2017


             Anusaya Das and others                     ....        Appellants
                                                    Mr.K.C.Nayak, Advocate

                                         -versus-


             Kishore Kumar Swain and another      ....       Respondents
                               Mr.S.A.Ali, Advocate for Respondent No.2



                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

28.02.2023

Order No.

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

2. Heard Mr.Nayak, learned counsel for the claimants- Appellants and Mr.Ali, learned counsel for Insurer-Respondent No.2.

3. Present appeal by the claimants is directed against the judgment dated 11th September, 2017 of 1st Addl. District Judge- cum-1st M.A.C.T., Cuttack, in M.A.C. Case No.61 of 2013, wherein compensation to the tune of Rs.4,68,500/- has been granted along with interest @6% 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 7th January, 2013.

4. The claimants have prayed for enhancement of the compensation amount mainly on the ground that lesser amount under conventional heads including loss of consortium has been granted.

5. Mr.Ali, learned counsel for the Insurer submits that in an application under Section 163-A of the M.V.Act, the claimants are not entitled to any higher amount than the amount prescribed in the second schedule.

6. It is true that the present claim application has been filed under Section 163-A of the M.V.Act. The Tribunal while granted loss of dependency to the tune of Rs.4,59,000/- has further added Rs.2,000/- towards funeral expenses and Rs.5,000/- towards consortium and Rs.2,500/- towards loss of estate as per the amounts prescribed under second schedule. Therefore the same are not required to be interfered with and whatever amounts granted towards funeral expenses, loss of consortium and loss of estate by the Tribunal are confirmed.

7. In the result, the appeal is dismissed confirming the amount granted by the tribunal.

( B.P. Routray) Judge

C.R.Biswal