Kunu Ekka And Others vs Goutam Parida And Others
2023 Latest Caselaw 15 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.465 of 2015

            Kunu Ekka and others                         ....        Appellants
                                                     Mr. P.K. Nayak, Advocate
                                          -versus-
            Goutam Parida and others              ....       Respondents
                           Mr. G.P. Dutta, Advocate for Respondent No.4
                         Mr. P.K.Mishra-1, Advocate for Respondent No.3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

02.01.2023 Order No.

12. 1. Heard Mr. P.K. Nayak, learned counsel for the Appellants-

claimants, Mr. G.P. Dutta, learned counsel for the Respondent No.4-Oriental Insurance Co. Ltd. and Mr. P.K. Mishra-1, learned counsel for the Respondent No.3-New India Assurance Co. Ltd.

2. Present appeal by the Appellants-claimants is directed against the judgment dated 29.11.2014 of the learned 5th MACT, Rourkela in M.A.C. Case No.255(T) of 2009, wherein the learned Tribunal has granted compensation to the tune of Rs.5,70,000/- along with interest @6% per annum to the claimants from the date of order on account of death of the deceased in the motor vehicular accident dated 21.07.2005.

3. Mr. P.K. Nayak, learned counsel for the Appellants-claimants contends that the Tribunal has failed to add future prospects to the

income of the deceased and secondly, no parental consortium has been granted to the minor child of the deceased. It is also submitted that learned Tribunal has granted interest from the date of order, instead of the date of claim application, without any basis.

4. Upon hearing Mr. G.P. Dutta and Mr. P.K. Mishra-1, learned counsels for both the Insurance Companies and considering all such grounds raised by Mr. P.K. Nayak, which are found genuine on record, the Appellants are entitled for a further consolidated sum of Rs.4,00,000/-.

5. Accordingly, both the Insurance Companies, Viz. New India Assurance Co. Ltd. and Oriental Insurance Co. Ltd., Respondent Nos.3 & 4 respectively are directed to deposit the further consolidated sum of Rs.4,00,000/- in equal proportion, i.e. Rs.2,00,000/- (two lakhs) each before the Tribunal within a period of two months from today; where-after the same shall be disbursed to Appellants No.3 and 4, who are the widow and minor son of the deceased, on such terms and proportions to be decided by the learned Tribunal.

6. The MACA is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik