Smt. Sabitri Nahak And Others vs Smt. Ch. Pramila Rani And Another
2023 Latest Caselaw 10931 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.382 of 2011
                 Smt. Sabitri Nahak and Others           ....         Appellants
                                                      Mr. B.N. Rath, Advocate
                                           -versus-
                 Smt. Ch. Pramila Rani and Another       ....       Respondents
                                Mr. P.K. Tripathy, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

5.9.2023 Order No.

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

2. Heard Mr. B.N. Rath, learned counsel for the claimant - Appellants and Mr. P.K. Tripathy, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned judgment dated 24th September 2010 of learned 1st Additional District Judge-cum-M.A.C.T., Berhampur, Ganjam passed in MAC No.16 of 2010 / MAC No.301 of 2007 G.D.C., wherein compensation to the tune of Rs.1,67,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 3rd October 2007 has been granted on account of death of deceased Ghanashyam Nahak in the motor vehicular accident dated 13th September 2007.

4. The accident took place on 13th September 2007 and the deceased was aged about 22 years on the date of accident. These facts remain undisputed. Mr. Rath, learned counsel submits on behalf of the claimants that the tribunal while computing income of the deceased did not add any future prospect and the compensation amount needs to be enhanced on such count.

5. The negligence on the part of the driver of the offending vehicle, i.e. truck bearing registration number AP-16-TW-3634 and the liability on the insurer by virtue of a valid insurance policy is not disputed. Mr. Tripathy, learned counsel submits on behalf of the insurer that the computation of income of the deceased at Rs.70/- per day is appropriate and the claimants are not entitled for any future prospect.

6. Mr. Rath, learned counsel though did not dispute assessment of income of the deceased at Rs.1750/- per month as a labourer, but he prays for addition of future prospect on the same as well as grant of appropriate amount towards filial consortium to the parents.

7. Perusal of the impugned award reveals that the tribunal while assessing the income of the deceased at Rs.1750/- per month has applied multiplier '15' based on the age of parents of the deceased. This approach of the tribunal appears erroneous. In the case of National Insurance Company Ltd. v. Pranay Sethi and Others, (2017) 16 SCC 680, law has been set at rest to apply multiplier based on the age of the deceased. Thus, the appropriate multiplier is found '18' in the facts of present case. Further, future prospect to the extent of 40% is added to the income of the deceased to make it Rs.29,400/- per annum. As such, the annual loss of dependency, with deduction of 50% towards personal expenses, is computed at Rs.2,64,600/-. Adding Rs.30,000/- towards loss of estate and funeral expenses, it comes to

Rs.2,94,600/-. Further, adding Rs.50,000/- towards filial consortium to both parents, keeping the date of accident on 13 th September 2007 in view, the total compensation is determined at Rs.3,44,600/-, payable along with interest @ 6% per annum.

8. At this stage it is submitted that entire compensation amount as directed by the tribunal has already been paid and received by the claimants in the meantime. As such the claimants are entitled to the differential amount.

9. In the result the appeal is disposed of with a direction to the Insurer - Respondent No.2 to deposit differential compensation amount of Rs.1,77,600/- (one lakh seventy-seven thousand six hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 3 rd October 2007, 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 the learned tribunal.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 08-Sep-2023 17:15:45