Smt. Shantilata Pattnaik And ... vs Sri Saroj Kumar Patra And Another
2023 Latest Caselaw 265 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.144 of 2011
            Smt. Shantilata Pattnaik and others     ....         Appellants
                                                    Mr. K. Das, Advocate
                                       -versus-
            Sri Saroj Kumar Patra and another       ....       Respondents
                            Mr. P.K. Mahali, Advocate for Respondent No.2
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

06.01.2023 Order No.

17. 1. Heard Mr. K. Das, learned counsel for the Appellants-

claimants as well as Mr. P.K. Mahali, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellants-claimants is directed against the judgment dated 20.06.2010 of the learned 3rd MACT, Balasore in M.A.C. Case No.50/75 of 2009/2005, wherein learned Tribunal has granted compensation to the tune of Rs.1,70,000/- along with interest @7.5% per annum to the claimant from the date of filing of the claim application i.e. 13.05.2005 on account of death of the deceased in the motor vehicular accident dated 11.02.2005.

3. The admitted fact remains that the deceased was aged about 23 years on the date of accident, i.e.11.2.2005 and he was a B. Tech. student. The deceased was a bachelor and his mother is the claimant.

4. Learned Tribunal while fixing notional income of the deceased at Rs.25,000/-, has applied multiplier factor based on the age of

the mother of the deceased. Undisputedly no challenge has been advanced from the side of the insurer. As such, the notional income counted by the deceased to the extent of Rs.25,000/- per annum is confirmed. But taking into account the age of the deceased, multiplier '18' is required to be applied. Deducting 50% towards personal expenses, the loss of dependency is computed at Rs.2,25,000/-. Adding Rs.25,000/- towards filial consortium, keeping the date of accident in view, and another Rs.30,000/- towards general damages, the total compensation amount is determined at Rs.2,80,000/-, payable along with interest @6% per annum.

5. At this stage, it is submitted that the amount as directed by the learned Tribunal including interest has already been paid to the claimants-Appellants. Accordingly, it is felt appropriate to direct for payment of further consolidated sum of Rs.2,22,000/- to the claimants.

6. In the result, the appeal is disposed of with a direction to the Insurance Company to deposit the further consolidated sum of Rs.2,22,000/- 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 the learned Tribunal.

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

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