Orissa High Court
Geetanjali Tripathy And Another vs Tanmaya Gohain And Another on 17 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.744 of 2011
Geetanjali Tripathy and Another .... Appellants
Mr. K.K. Das, Advocate
-versus-
Tanmaya Gohain and Another .... Respondents
Mr. M. Sinha, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
17.3.2023
Order No.
12. 1. The matter is taken up through hybrid mode.
2. Heard Mr. K.K. Das, learned counsel for the claimant -
Appellants and Mr. M. Sinha, learned counsel for insurer -
Respondent No.2.
3. Present appeal by the claimants is directed against the
impugned judgment dated 24th September, 2011 of learned 1st MACT,
Dhenkanal passed in MAC Case No.295 of 2006, wherein
compensation to the tune of Rs.3,93,000/- along with interest @ 6%
per annum from the date of filing of the claim application, i.e. 23rd
December, 2006 has been granted on account of death of deceased
Pranab Kumar Tripathy in the motor vehicular accident dated 12th
April, 2006.
4. The entire dispute is relating to quantification of compensation
amount. Undisputedly, the annual income of the deceased was
Rs.5,38,757/- after deduction of statutory tax component. But the
tribunal for determining the multiplicand, has deducted the income of
widow to the tune of Rs.3,36,415/- per annum, which she received
towards her salary, from annual loss of dependency. The multiplicand
is taken at Rs.24,553/- only. This approach of the tribunal is found
erroneous and disapproved by this court. It is well settled that any
such pecuniary advantage received by the dependents either from own
employment or even from compassionate employment due to death of
the deceased are liable to be excluded from consideration of loss of
dependency. [see Vimal Kanwar & Ors v. Kishore Dan & Ors:- AIR
2013 SC 3830, Reliance General Insurance vs- Shashi Sharma:-
2016 (4) TAC 149 and National Insurance Co. Ltd vs- Rekhaben:-
2017 (4) TAC 54 SC]
Accordingly this court proceeds for fresh computation of the
compensation amount.
5. The deceased was aged about 37 years on the date of accident.
Deducting 1/3rd towards personal expenses from the income of the
deceased, the annual loss of dependency comes to Rs.3,59,171/-. With
addition of future prospects to the extent of 50% and application of
multiplier '15', the total loss of dependency becomes Rs.80,81,353/-.
Further adding Rs.50,000/- towards spousal consortium and parental
consortium to the widow and minor child respectively, keeping in
view the date of accident on 12th April, 2006, and adding Rs.30,000/-
towards funeral expenses and loss of estate, the total compensation
amount is determined at Rs.81,61,353/-, payable along with interest @
6% per annum.
6. In the result the appeal is disposed of with a direction to the
insurer - Respondent No.2 to deposit modified compensation of
Rs.81,61,353/- (eighty one lakhs sixty-one thousand three hundred
fifty-three) before the tribunal along with interest @ 6% per annum
from the date of filing of the claim application, i.e. 23rd December
2006, within a period of two months from today, subject to adjustment
of such amount, if any, received by the claimants in the meantime
pursuant to the direction of learned Tribunal contained in the
impugned award. The amount due shall be disbursed in favour of the
claimant - Appellants on such terms and proportion to be decided by
the learned tribunal.
7. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
