Orissa High Court
Smt. Binapani Rout And Others vs M/S. New India Assurance Co. Ltd on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.880 of 2009
Smt. Binapani Rout and Others .... Appellants
Mr. Nagen Kumar Barik, Advocate
-versus-
M/s. New India Assurance Co. Ltd.,
represented by its Divisional Manager,
Balasore and Another .... Respondents
Mr. P.K. Panda, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
11.5.2023
Order No.
16. 1. The matter is taken up through hybrid mode.
2. Heard Mr. N.K. Barik, learned counsel for the claimant -
Appellants and Mr. P.K. Panda, learned counsel for insurer -
Respondent No.1.
3. Present appeal by the claimants is directed against the
impugned judgment dated 17th August, 2009 of learned 1st MACT,
Balasore passed in MAC Case No.67 of 2006, wherein compensation
to the tune of Rs.3,21,500/- along with interest @ 7% per annum from
the date of filing of the claim application, i.e. 13th April, 2006 has
been granted on account of death of deceased Jagabandhu Rout in the
motor vehicular accident dated 20th March, 2006.
4. The claimants have prayed for enhancement of the
compensation amount stating that the deceased had income of
Rs.20,000/- per month from different business sources. It is submitted
on behalf of the claimants that the deceased had partnership transport
business and he was the owner of 3 to 4 oil tankers. Further, he had
filed income tax returns showing his annual income at Rs.1,24,470/-.
5. Admittedly the claimants did not produce any authenticated
copy of the income tax returns nor did they produce any partnership
deed before the tribunal to justify their claim regarding income of the
deceased. The tribunal disbelieved such contentions raised by the
claimants in absence of any authenticated documents and evidences. It
is true that except the oral statement of P.W.1 and the Xerox copies of
the alleged I.T. returns, no such documentary evidence could be
produced by the claimants. Though the claimants have examined
P.W.2, an eye witness of the occurrence, who described about the
accident, but he has stated one sentence saying that the deceased was
having 3 to 4 oil tankers. This stray statement made by P.W.2 is
without any credibility as it is seen from the nature of statement.
Therefore, the tribunal has rightly disbelieved the claim on the income
of the deceased up-to Rs.20,000/- per month. The assessment made by
the tribunal to fix the income of the deceased at Rs.3000/- per month
is seen justified and this court confirms the same taking note of the
minimum wages prevalent on the date of accident for highly skilled
labourer. However, on the count of future prospect, which is liable to
be added to the extent of 25% and general damages including
consortium to the wife and two children, as left out by the Tribunal,
the compensation amount is enhanced by Rs.1,78,000/-, payable along
with interest @ 6% per annum.
6. In the result the appeal is disposed of with a direction to the
insurer - Respondent No.1 to deposit a further compensation of
Rs.1,78,000/- (one lakh seventy-eight thousand) before the tribunal
along with interest @ 6% per annum from the date of filing of the
claim application, i.e. 13th April, 2006, 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
learned tribunal.
7. 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
KUMAR PANDA
Date: 2023.05.12
PANDA 15:07:13 +05'30'
