Minati Majhi vs Pravakar Behera And Another
2023 Latest Caselaw 1016 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.1274 of 2017
            Minati Majhi                                ....         Appellant
                                                    Mr.R.C.Pradhan, Advocate
                                         -versus-
            Pravakar Behera and another          ....       Respondents
                           Mrs.N.Mohanty, Advocate for Respondent No.2

                        CORAM:
                        SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

31.1.2023 Order No.

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

2. Heard Mr.Pradhan, learned counsel for the claimant- Appellant and Mrs.Mohanty, learned counsel for the Insurer- Respondent No.2

3. Present appeal by the claimant is directed against the judgment dated 12th May, 2017 of the Member, 7th M.A.C.T., Bhubaneswar, in M.A.C.No.3451 of 2014, wherein compensation to the tune of Rs.5,95,500/- 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 31st October, 2014.

4. It is submitted by Mr.Pradhan that the Tribunal while computing loss of dependency did not add any future prospect and further assessed the monthly income of the deceased at a lower rate. It is also contended that filial consortium to the children has not been granted.

5. It is seen from the impugned judgment that in absence of any documentary proof, the Tribunal has assessed the monthly income of the deceased at Rs.4,500/- according to the minimum

wage rate prevalent for unskilled labourer on the date of accident. No flaw is seen therein keeping in view the nature of evidences adduced on behalf of the claimants in respect of income of the deceased. What is contended by Mr.Pradhan that the deceased was having wholesale business of selling fish is not found believable in absence of any material produced to that effect.

6. However, it is seen that the Tribunal has not granted any future prospects to the income of the deceased. So adding future prospects to the extent of 10% and counting Rs.1,60,000/- towards loss of consortium to the widow and three children and further Rs.30,000/- towards general damages, the total compensation amount is enhanced by Rs.1,00,000/-. Mr.Pradhan, learned counsel for the claimants agrees to the same.

7. In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.2 to pay the further compensation of Rs.1,00,000/-(One lakh) along with interest @6% per annum from the date of filing of the claim application within a period of two months from today, which shall be disbursed in favour of the claimants in equal proportion.

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

( B.P. Routray) Judge

C.R.Biswal