Orissa High Court
National Insurance Company Ltd vs Sobhagini Pradhan And Others on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1196 of 2018
National Insurance Company Ltd.,
represented through its Officer-in-
Charge, Orissa Legal Cell, Cantonment ....
Appellant
Road, Cuttack
Mr. J.R. Deo, Advocate
-versus-
Sobhagini Pradhan and Others .... Respondents
Mr. S.K. Samal, counsel for Respondents 2 to 5
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
15.5.2023
Order No.
07. 1. The matter is taken up through hybrid mode.
2. Heard Mr. J.R. Deo, learned counsel for the insurer - Appellant
and Mr. S.K. Samal, learned counsel for claimant - Respondents.
3. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 27th February, 2018 of learned 1st MACT,
Angul passed in MAC Case No.68 of 2016, wherein compensation to
the tune of Rs.38,02,015/- along with interest @ 6% per annum from
the date of filing of the claim application, i.e. 11th May, 2016 has been
granted on account of death of deceased Sangram Kishore Pradhan in
the motor vehicular accident dated 17th March, 2016.
4. The tribunal assessed the age of the deceased at 39 years 5
months and 12 days taking his date of birth as 5th October 1976
mentioned in the copy of the Pan Card under Ext.3.
But it is submitted by Mr. Deo, learned counsel for the
Appellant - insurer that the Pan Card produced under Ext.3 is in
respect of one Santanu Kishore Pradhan and not of the deceased
whose name is Sangram Kishore Pradhan. According to Mr. Deo, the
date of birth of the deceased is 22nd February 1975 as mentioned in the
copy of driving licence produced under Ext.5 which is an admitted
document produced from the side of the claimants.
5. Upon verification of copy of Ext.3 and Ext.5, it is seen that the
tribunal is mistaken in counting the date of birth of the deceased based
on the copy of Pan Card produced under Ext.3. Ext.3 speaks the name
of Santanu Kumar Pradhan son of Kishore Chandra Pradhan, probably
the brother of the deceased. Since the name of the deceased is
admittedly Sangram Kishore Pradhan, the date of birth mentioned in
the DL under Ext.5 is accepted as true and the copy of the Pan Card
taken into consideration by the tribunal is discarded being not of the
deceased. So the age of the deceased on the date of accident, i.e. 17th
March, 2016 is found to be 41 years and 21 days. Accordingly, the
multiplier applicable is '14' and the extent of future prospect would
be 25%.
6. So far as the income of the deceased is concerned, the tribunal
has assessed the same at Rs.2,43,604/- based on the income tax return
filed for the Assessment Year (AY) 2015-16. Here Mr. Deo submits
that the deceased had a variable income as per the I.T. returns filed for
the AY 2014-15 and 2015-16 under Ext.4 series. His income for AY
2014-15 was Rs.1,84,670/-. Thus keeping in view the fact that the
deceased was a business man having variable income for different
assessment years as produced on record, it would be just and apt to
take average of the incomes mentioned in the I.T. returns for AY
2014-15 and 2015-16. Doing so, the average income for both the
years is assessed at Rs.2,14,137/-, which is taken as annual income of
the deceased for the purpose of computing loss of dependency.
Adding future prospect to the extent of 25% and deducting 1/4th
towards personal expenses, the annual loss of dependency comes to
Rs.2,00,753/- and thereby the total loss of dependency comes to
Rs.28,10,548/-. Adding Rs.1,20,000/- towards loss of consortium to
the widow and two minor children and Rs.30,000/- towards loss of
estate and funeral expenses, the total compensation is determined at
Rs.29,60,549/-, payable along with interest @ 6% per annum.
7. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit the modified compensation of
Rs.29,60,549/- (twenty-nine lakhs sixty thousand five hundred forty-
nine) before the tribunal along with interest @ 6% per annum from
the date of filing of the claim application, i.e. 11th May, 2016, 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 the learned tribunal.
8. However the direction of the tribunal for payment of penal
interest @ 7.5% is waived.
9. The copies of exhibits produced by Mr. Deo in course of
hearing are kept on record.
10. 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
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Signed by: MANAS KUMAR PANDA
Designation: Sr. Steno
Reason: Authentication
Location: Orissa High Court, CTC
Date: 15-May-2023 19:25:30
