Ramshankar Ram And Another vs Rajesh Kumar Singh And Another
2023 Latest Caselaw 11744 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.869 of 2019
                 Ramshankar Ram and Another                ....        Appellants
                                                       Mr. P.K. Mishra, Advocate
                                            -versus-
                 Rajesh Kumar Singh and Another            ....       Respondents
                                  Mr. N.S. Ghose, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

27.9.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellants and Mr. N.S. Ghose, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned judgment dated 7th September, 2019 of learned 1st ADJ- cum-1st MACT, Cuttack passed in MAC Case No.853 of 2014, wherein compensation to the tune of Rs.10,88,400/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 9th December, 2014 has been granted on account of death of deceased Kumar Sephali Ram Viswamitra in the motor vehicular accident dated 3rd October, 2014.

4. Mr. Mishra, learned counsel submits on behalf of the claimants that the deceased was aged about 24 years on the date of accident and he was a pass-out of B.Tech Engineering Degree from KIIT

University. As such, fixation of his income at Rs.7000/- per month is erroneous and needs enhancement.

5. It is seen that the certificate of Degree Engineering of the deceased has been produced under Ext.13 and the same was not disputed. The deceased was a resident of Cuttack town. As such, considering his educational qualification and place of residence, in the opinion of this court his income should be fixed at a higher rate of Rs.15,000/- per month. Accordingly, adding future prospect to the extent of 40% and adopting multiplier procedure for computation of compensation amount, the compensation amount is re-determined at Rs.23,78,000/-, payable along with interest @ 6% per annum.

6. At this stage it is submitted that the amount of compensation as directed by the tribunal has already been paid and received in the meantime. So the insurer is liable to pay the balance amount.

7. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit before the tribunal the balance compensation amount of Rs.12,89,600/- (twelve lakhs eighty-nine thousand six hundred) along with interest @ 6% per annum from the date of filing of the claim application, i.e. 9th December 2014, 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.

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

                                                                 ( B.P. Routray)
            Signature Not Verified                                    Judge
M.K.Panda   Digitally Signed
            Signed by: MANAS KUMAR PANDA
            Designation: Senior Steno
            Reason: Authentication

            Date: 03-Oct-2023 12:44:46