Smt. Parbati Meher And Another vs Mukesh Panigrahi And Another
2023 Latest Caselaw 11147 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.227 of 2022
                 Smt. Parbati Meher and Another           ....        Appellants
                                                      Mr. P.K. Mishra, Advocate
                                           -versus-
                 Mukesh Panigrahi and Another             ....       Respondents
                                   Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

12.9.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellants and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned common judgment dated 5th April, 2022 of learned District Judge-cum-1st MACT, Deogarh passed in MAC Case Nos.5 of 2018 and 4 of 2018. Present appeal is in respect of MAC No.4 of 2018 wherein compensation to the tune of Rs.9,47,200/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 6th January, 2018 has been granted on account of death of deceased Tulu Meher in the motor vehicular accident dated 2nd October, 2017.

4. Mr. Mishra, learned counsel submits on behalf of the claimants that the deceased had a mobile repairing shop and he was earning Rs.15,000/- therefrom. He thus prays to enhance the compensation amount accordingly.

5. The tribunal has taken the income of the deceased at Rs.6,000/- per month. But considering the avocation of the deceased and the fact that he had a mobile repairing shop, his income can be assessed at Rs.7,500/- per month, i.e. @ Rs.250/- per day as per the minimum wage rate prevalent on the date of accident for skilled labour. Accordingly with addition of future prospect to the extent of 40% along with general damages, the compensation amount is re-computed to Rs.12,44,000/-, payable along with interest @ 6% per annum.

6. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit balance compensation of Rs.2,96,800/- (two lakhs ninety-six thousand eight hundred) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 6th January 2018, 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. The certified copies of exhibits as produced by Mr. Mishra in course of hearing are kept on record.

8. 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: 13-Sep-2023 17:18:10