Purnima Swain And Others vs Abhiram Baral And Another
2023 Latest Caselaw 2123 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.825 of 2019
                 Purnima Swain and Others                  ....          Appellants
                                        Mr. Ramesh Chandra Pradhan, Advocate
                                            -versus-
                 Abhiram Baral and Another                 ....       Respondents
                            Ms. Nibedita Mohanty, counsel for Respondent No.2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

14.3.2023 Order No.

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

2. Heard Mr. R.C. Pradhan, learned counsel for the claimant - Appellants and Ms. N. Mohanty, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned judgment dated 20th December, 2018 of learned 7th MACT, Bhubaneswar passed in MAC Case No.201 of 2016, wherein compensation to the tune of Rs.7,30,583/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 18th October, 2016 has been granted on account of death of deceased Chandrasekhar Swain in the motor vehicular accident dated 29th September, 2016.

4. Upon hearing both parties and perusal of the impugned judgment it reveals that the tribunal did not add any future prospect to the income of the deceased for determining loss of dependency.

Further, the tribunal has forgotten to grant filial consortium to the parents of the deceased. Accordingly, adding future prospect to the income of the deceased and granting Rs.80,000/- towards filial consortium, the insurer - Respondent No.2 is directed to pay a further consolidated sum of Rs.4,00,000/- to the claimants. This is agreed by Mr. Pradhan, learned counsel for the claimants.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.4,00,000/- (four lakhs) 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 the learned tribunal.

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

( B.P. Routray) Judge M.K.Panda