Koili Nayak And Others vs Ananga Kumar Otta And Another
2023 Latest Caselaw 1933 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.137 of 2022
                Koili Nayak and others                     ....         Appellants
                                                       Mr. P.K. Mishra, Advocate
                                        -versus-
                Ananga Kumar Otta and another       ....       Respondents
                           Mr. S.K. Mohanty, Advocate for Respondent No.2
            .


                            CORAM:
                            JUSTICE B. P. ROUTRAY
                                           ORDER

03.03.2023 Order No.

03. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellants-

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

2. Present appeal by the claimants is directed against the judgment dated 24.01.2022 of learned 1st M.A.C.T., Jajpur in M.A.C. Case No.163 of 2015, wherein compensation to the tune of Rs.5,40,000/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.07.10.2015 on account of death of the deceased in the motor vehicular accident dated 20.06.2015.

3. The learned Tribunal has directed the owner to pay the compensation amount and exonerated the Insurance Company since the owner did not come to contest the case. This approach of the learned Tribunal is disapproved by this Court. A copy of the insurance policy was produced by the claimants before the Tribunal, which remains undisputed. Further, Mr. S.K. Mohanty, learned counsel for the insurer fairly concedes before this Court

regarding validity of the policy of the offending vehicle on the date of accident. So the Insurance Company is found liable to indemnify the owner for the compensation amount.

4. With regard to quantification of the amount, the learned Tribunal has assessed the income of the deceased at Rs.5000/- per month. But keeping in view the rate of minimum wages prevalent on the date of accident for unskilled labourer, the same is enhanced to Rs.6000/- per month. Adding future prospects to the extent of 40% thereon and deducting 50% towards personal expenses, the loss of dependency is assessed at Rs.8,56,800/-. Adding Rs.70,000/- towards general damages including filial consortium to the mother, the total compensation amount is determined at Rs.9,26,800/-, payable along with interest @6% per annum.

5. In the result, the appeal is allowed and the Respondent No.2- M/s.National Insurance Company Limited is directed to deposit the entire compensation of Rs.9,26,800/- (rupees nine lakhs twenty-six thousand eight hundred) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 7.10.2015 within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Appellants on such terms and proportion to be fixed by the Tribunal.

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

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