Orissa High Court
Suresh Behera And Another vs Biswajit Mohanty And Others on 31 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.797 of 2012
Suresh Behera and another .... Appellants
Mr. P.K. Nayak, Advocate
-versus-
Biswajit Mohanty and others .... Respondents
Mr. G.P. Dutta, Advocate for Respondent No.2
Mr. S.J. Pradhan, Advocate for Respondent No.4
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
31.03.2023
Order No.
12. 1. Heard Mr. P.K Nayak, learned counsel for the Appellants-
claimants, Mr. G.P. Dutta, learned counsel for Respondent No.2-
Universal Sompo General Insurance Co. Ltd. and Mr. S.J
Pradhan, learned counsel for Respondent No.4-Oriental Insurance
Co. Ltd.
2. Present appeal by the claimants is directed against the
judgment dated 23.12.2011 of learned 4th M.A.C.T., Talcher in
M.A.C.T. No.55 of 2010, wherein compensation to the tune of
Rs.2,73,000/- has been granted along with interest @7.5% per
annum to the claimants from the date of filing of the claim
application on account of death of the deceased in the motor
vehicular accident dated 13.12.2009.
3. The learned Tribunal has distributed the liability between both
the insurance companies equally.
4. The claimants have prayed for enhancement of the
compensation amount on the ground that age of the parents have
been erroneously considered to determine the multiplier. Further
no future prospect has been added to the income of the deceased.
5. It is seen that the learned Tribunal has assessed the income of
the deceased at Rs.4500/- per month and then applied multiplier
'9' taking into account the age of the parents. This approach of
the learned Tribunal is found erroneous. Again no future prospect
has been added to the income of the deceased.
6. The deceased was aged about 26 years on the date of accident.
Accordingly, accepting his income at Rs.4500/- per month as
assessed by the learned Tribunal, the annual loss of dependency is
determined at Rs.37,800/- with addition of future prospects to the
extent of 40% and deduction of 50% towards personal expenses.
Accordingly, total loss of dependency is computed at
Rs.6,42,600/-. Adding Rs.50,000/- towards loss of filial
consortium to the parents and Rs.30,000/- towards loss of estate
and funeral expenses, the final compensation amount is
determined at Rs.7,22,600/-, payable along with interest @6% per
annum.
7. In the result, the appeal is disposed of with a direction to both
the insurance companies (Respondent Nos.2-Universal Sompo
General Insurance Co. Ltd. and Respondent No.4-Oriental
Insurance Co. Ltd.) to deposit the modified compensation amount
of Rs.7,22,600/- along with interest @6% per annum from the
date of filing of the claim application, subject to adjustment of
such amount paid and received by the claimants in the meantime
pursuant to the direction of the learned Tribunal, before the
Tribunal in equal share within a period of two months from
today; where-after the same shall be disbursed in favour of the
claimants on such terms and proportions to be decided by learned
Tribunal.
8. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
