Hira Singh And Others vs I.O.T. Aneswa Engineering &
2023 Latest Caselaw 10978 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.1069 of 2016
                 Hira Singh and Others                     ....         Appellants
                                         Mr. Dillip Kumar Mohapatra, Advocate
                                           -versus-
                 I.O.T. Aneswa Engineering &
                 Constructions Ltd. and Another            ....       Respondents
                                   Mr. A.A. Khan, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

8.9.2023 Order No.

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

2. Heard Mr. D.K. Mohapatra, learned counsel for the claimant - Appellants and Mr. A.A. Khan, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimant - Appellants is directed against the impugned judgment dated 27th June 2016 of learned 1st M.A.C.T., Jagatsinghpur passed in MAC No.298 of 2010, wherein compensation to the tune of Rs.7,25,800/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 23 rd August, 2010 has been granted on account of death of deceased Sanyasi Singh in the motor vehicular accident dated 22nd July 2010.

4. Mr. Mohapatra, learned counsel submits that the tribunal did not add future prospect to the income of the deceased and therefore the compensation amount needs to be enhanced on such count.

5. No dispute is raised with regard to negligence on the part of the driver and liability on the insurer to indemnify the compensation amount. The Tribunal for the purpose of computation of compensation took the income of the deceased at Rs.3,600/- per month. This assessment of the Tribunal towards income of the deceased is not questioned by the claimants. Their only grievance is for addition of future prospect. The deceased was 26 years old on the date of accident and thus 40% towards future prospect is liable to be added on the income of the deceased. Adding so, a further sum of Rs.2,20,320/-is found to be paid in favour of the claimants along with consequential interest.

6. In the result, the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit before the tribunal a further compensation of Rs.2,20,320/- (two lakhs twenty thousand three hundred twenty) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 23rd August 2010, 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.

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

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

Signature Not Verified Digitally Signed

Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 08-Sep-2023 17:26:41