National Insurance Company Ltd vs Phulabati Naik And Another
2023 Latest Caselaw 5506 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.889 of 2007

                 National Insurance Company Ltd.,
                 represented through Officer-in-Charge,
                 Orissa Legal Cell, Cuttack               ....           Appellant
                                                Mr. Sabita R. Pattnaik, Advocate
                                            -versus-
                 Phulabati Naik and Another               ....        Respondents
                                     Mr. G.N. Sahu, counsel for Respondent No.1
                                      Ms. T. Sinha, counsel for Respondent No.2
                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

9.5.2023 Order No.

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

2. Heard Mr. S.R. Pattnaik, learned counsel for the insurer - Appellant, Mr. G.N. Sahu, learned counsel for claimant - Respondent No.1 and Ms. T. Sinha, learned counsel for owner - Respondent No.2.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 6th March, 2007 of learned 1st MACT, Sundargarh passed in MAC Case No.33 of 2003, wherein compensation to the tune of Rs.2,41,000/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Judhistir Naik in the motor vehicular accident dated 14th April, 2002.

4. Mr. Pattnaik submits on behalf of the appellant that though the deceased was unmarried but 1/3rd of his income towards personal expenses has been deducted instead of 50%.

5. Having gone through the impugned award it is seen that the tribunal has in fact deducted 1/3rd towards personal expenses though it is admitted that the deceased was a bachelor on the date of accident. But at the same time it is seen that no future prospect has been added to the income of the deceased and no amount towards consortium has been granted to the mother of the deceased who is the claimant.

6. Considering all such aspects, the amount granted by the tribunal is confirmed as this court is not inclined to disturb the same.

7. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the entire compensation amount before the tribunal along with interest as per its direction within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondent No.1 on same terms and proportion as contained in the impugned judgment.

7. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit of the awarded amount before the tribunal

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

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


MANAS       Digitally signed by
            MANAS KUMAR PANDA
KUMAR       Date: 2023.05.11
PANDA       17:47:05 +05'30'