Orissa High Court
M/S. Oriental Insurance Company ... vs Smt. Mamata Nayak And Others on 12 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.119 of 2023
M/s. Oriental Insurance Company Ltd.,
represented by its Divisional Manager, ....
Appellant
Balasore
Mr. G.P. Dutta, Advocate
-versus-
Smt. Mamata Nayak and Others .... Respondents
Mr. P.K. Mishra, counsel for Respondents 1 & 2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
12.5.2023
Order No.
04. 1. The matter is taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for insurer - Appellant
and Mr. P.K. Mishra, learned counsel for claimant - Respondents.
3. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 29th September, 2022 of learned 1st MACT,
Balasore passed in MAC No.36 of 2018, wherein compensation to the
tune of Rs.52,97,196/- along with interest @ 6% per annum from the
date of filing of the claim application, i.e. 2nd February, 2018 has been
granted on account of death of deceased Amulya Kumar Nayak in the
motor vehicular accident dated 28th October, 2017.
4. The entire dispute is on the quantum of compensation amount.
Though the salary of the deceased is not disputed but his age as taken
by the tribunal is disputed. As per the service record, his date of birth
is 6th April, 1967 and the date of accident is 28th October, 2017.
Therefore he was 50 years 6 months 22 days on the date of accident
and thus comes under the age group of 51-55 years. So the applicable
multiplier would be '11' instead of '13'. Accordingly future prospect
to the extent of 15% instead of 30% is to be added. Further, statutory
tax amount towards professional tax and income tax is liable to be
deducted from his salary.
5. Doing so as stated above, the annual loss of dependency is
computed at Rs.3,76,411/-. The total loss of dependency thus comes
to Rs.41,40,525/-. Adding Rs.1,10,000/- towards general damages
including consortium to the widow and minor son, total compensation
determined is at Rs.42,50,525/-, payable along with interest @ 6% per
annum.
6. In the result, the appeal is disposed of with a direction to the
insurer-Appellant to deposit reduced compensation of Rs.42,50,525/-
(forty two lakhs fifty thousand five hundred twenty-five) before the
tribunal along with interest @ 6% per annum from the date of filing of
the claim application, i.e. 2nd February 2018 within a period of two
months from today; where-after the same shall be disbursed in favour
of the claimant Respondents on such terms and proportion to be
decided by learned tribunal.
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
Digitally signed by
MANAS MANAS KUMAR PANDA
KUMAR PANDA Date: 2023.05.12
16:13:05 +05'30'
