Paradeshi Behera And Another vs M.D. Samsus Zoha And Another
2023 Latest Caselaw 7471 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.71 of 2012
                 Paradeshi Behera and Another           ....         Appellants
                                          Mr. Pabitra Kumar Nayak, Advocate
                                          -versus-
                 M.D. Samsus Zoha and Another           ....       Respondents
                                 Mr. N.C. Mishra, counsel for Respondent No.2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

6.7.2023 Order No. Misc Case No.111 of 2012

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

2. Heard Mr. P.K. Nayak, learned counsel for the claimant - Appellants and Mr. N.C. Mishra, learned counsel for insurer - Respondent No.2.

3. Upon hearing both parties and considering the grounds mentioned in the limitation petition the delay in filing the appeal is condoned.

4. The Misc. Case is disposed of.

MACA No.71 of 2012

10. 5. Heard learned counsel for both parties.

6. Present appeal by the claimant - Appellants is directed against the impugned judgment dated 17th May, 2011 of learned 4rd MACT, Talcher passed in MAC No.46 of 2010, wherein compensation to the tune of Rs.2,28,000/- along with interest @ 7.5% per annum from the date of filing of the claim application, has been granted on account of

death of deceased Harihara Behera in the motor vehicular accident dated 6th November, 2009.

7. The deceased was a bachelor and he was aged about 20 years as per the post mortem examination report under Ext.5. But the tribunal while applying multiplier has taken the age of his parents erroneously. The same is corrected. Accordingly, without disturbing the income of the deceased as assessed by the tribunal, i.e. Rs.3000/- per month at the prevalent minimum wage rate, and applying multiplier '18', the loss of dependency is computed at Rs.3,24,000 with 50% deduction towards personal expenses. Adding future prospect to the extent of 40% thereon, the loss of dependency comes to Rs.4,53,600/-. Further adding Rs.80,000/- towards general damages including consortium to both parents, the compensation amount is determined at Rs.5,33,600/-, payable along with interest @ 6% per annum from the date of filing of the claim application.

8. At this stage it is submitted that the compensation amount as per direction of the tribunal has already been satisfied in the meantime.

9. Resultantly, the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit the differential amount 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.

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

( B.P. Routray) Judge M.K.Panda Signature Not Verified

Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 07-Jul-2023 10:45:04