The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.436 of 2015 & MACA No.192 of 2015 (From the judgment dated 21st October, 2014 passed by learned M.A.C.T., Cuttack in MAC Case No.992 of 2011) In MACA No.436 of 2015 Nalini Prava Das and others …. Appellants -versus- Chakradhar Munda and another …. Respondents Advocate(s) appeared in this case:- For Appellant : Appellant No.1 appears in person For Respondents
Legal Reasoning
: Mr. S.S. Rao, Advocate For Respondent No.2 In MACA No.192 of 2015 M/s.New India Assurance Co. Ltd. …. Appellant -versus- Nalini Prava Das and others …. Respondents Advocate(s) appeared in this case:- For Appellant : Mr. S.S. Rao, Advocate For Respondents : Respondent No.1 appears in person Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 1 of 6 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 9th May, 2023 B.P. Routray, J. 1. Heard Claimant No.1-Mrs. Nalini Prava Das in person and Mr. S.S. Rao, learned counsel for the insurer. 2. It is submitted that Bhagyadhar Nath died in the meantime on 21.10.2021. So no need is there to add him as Respondent. The order of this Court dated 16.8.2021 is modified accordingly. 3. Both the appeals being arise out of same impugned judgment dated 21.10.2014 of learned MACT, Cuttack in M.A.C. Case No.992 of 2011, wherein compensation to the tune of Rs.39,48,578/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application i.e. 27.12.2011 on account of death of the deceased in motor vehicular accident dated
Decision
27.01.2009, are heard together and disposed of by this common order. 4. MACA No.192 of 2015 has been filed by the insurer challenging the award and MACA No.436 of 2015 has been filed by the claimants praying for enhancement of the compensation amount. Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 2 of 6 5. Mr. S.S. Rao, learned counsel submits on behalf of the insurer that the wife of the deceased got rehabilitation appointment after death of the deceased and therefore the claimants are not entitled to loss of dependency. He further submits that addition of future prospects to the extent of 30% is erroneous and in the circumstances no future prospect is liable to be added since the widow has been appointed under Rehabilitation Assistance Scheme. 6. Claimant No.1- the widow, who appears in person, submits that though she had joined under the Rehabilitation Assistance Scheme upon death of her husband, but subsequently she resigned from service on 30th April 2021. She further prays for enhancement of the compensation amount by granting adequate amount towards general damages including loss of consortium to her as well as both children. She again prays for release of substantial amount in their favour out of the compensation since she has incurred huge study loan for both children. 7. First coming to the contention of Mr. Rao, I do not see any merit in the same to deny loss of dependency or addition of future prospects only for the reason that the widow has got appointment under the Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 3 of 6 Rehabilitation Assistance Scheme upon death of her husband. The law is well settled on this point.{See Vimal Kanwar -vs- Kishore Dan, (2013) 7 SCC 476, Reliance General Insurance -vs- Shashi Sharma, 2016 (4) TAC 149, National Insurance Co. Ltd. -vs- Rekhaben, 2017 (4) TAC 54 SC}. 8. According to the principles enumerated in the case of National Insurance Company Ltd. –vs- Pranay Sethi and others, (2017) 16 SCC 680, future prospects to the extent of 30% is to be added where the deceased is between the age group of 40-50 years and had a fixed income. In the case at hand, the deceased was serving as Veterinary Assistant Surgeon and getting monthly salary of Rs.26,657/- as per record. Therefore, the addition of future prospects to the extent of 30% as done by the learned Tribunal is justified and the same is confirmed. 9. On the question of quantification of compensation amount, it is found that the learned Tribunal has forgotten to add any amount towards loss of consortium and added Rs.10,000/- only towards funeral expenses. Keeping in view the principles enumerated in the case of Magma General Insurance Co. Ltd -vs- Nanu Ram, (2018) 18 SCC 130 and United Insurance Company Limited -vs- Satinder Kaur, Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 4 of 6 (2021) 11 SCC 780, an amount of Rs.1,20,000/- towards loss of consortium to the wife and both children is granted along with further amount of Rs.30,000/- towards funeral expenses and loss of estate. Accordingly, the compensation is enhanced to Rs.40,88,578/-, payable along with interest @6% per annum. Mrs. Nalini Prava Das, Claimant No.1, who appears in person, agrees to the same. 10. In the result, both the appeals are disposed of with a direction to the insurer i.e. New India Assurance Co. Ltd. to deposit the modified compensation amount of Rs.40,88,578/- (rupees forty lakhs eighty- eight thousand five hundred seventy-eight) before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 27.12.2011 within a period of two months from today. 11. The entire amount shall be disbursed in favour of the present claimants, namely, Nalini Prava Das, A.N. Bharat and A.N. Prakruti in the proportion of 60:20:20. 50% amount from the share of Nalini Prava Das shall be kept in fixed deposit in any Nationalized Bank for a period of six years and 75% amount from the share of A.N. Bharat and A.N. Prakruti respectively shall be kept in fixed deposit in any Nationalized Bank for a period of six years. Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 5 of 6 12. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made in MACA No.192 of 2015 before this Court with accrued interest thereon shall be refunded to the Insurance Company. (B.P. Routray) Judge B.K. Barik/Secretary Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 12:22:50 MACA Nos.436 & 192 of 2015 Page 6 of 6