The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.1234 OF 2024 From the Judgment/Order dated 30.09.2024 passed by the learned 1st Addl. Dist. Judge-cum-1st MACT, Cuttack in MAC Case No.1409 of 2019. Annada Prasad Pattnaik & Ors. :::: Appellants -:: VERSUS ::- Tusharkanta Behura & Anr. :::: Respondents
Legal Reasoning
For Appellants :::: Mr. D. Patnaik, Advocate (Claimants) For Respondents :::: Mr. J. Mishra, Advocate (Respondent No. 2) ……… PRESENT : THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ---------------------------------------------------------------------------------- Date of Hearing- 10.03.2025 :: Date of Judgment- 10.03.2025 ---------------------------------------------------------------------------------- B.P. Satapathy, J. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. D. Patnaik, learned counsel appearing for the Appellants and Mr. J. Mishra, learned counsel appearing for the Respondent No. 2-Company. Page 1 of 5 // 2 // 3. The present appeal has been filed seeking enhancement of the award so passed by the 1st Addl. District Judge-cum-1st MACT, Cuttack vide Judgment dtd.30.09.2024 in MAC Case No. 1409 of 2019. 4. In support of the enhancement of the quantum of compensation, learned counsel for the Appellants-Claimants contended that since the deceased was prosecuting B.E. and he was selected in the campus for his appointment in a Company, in view of the decision of the Apex Court in the case of Kumud Gupta Vs. IFFCO Tokio General Insurance Co. Ltd. (Civil Appeal No. 1448 of 2024), the monthly income of the deceased should have been taken at Rs. 20,000/- per month. But the Tribunal erroneously held the same at Rs.12,000/- and accordingly the compensation was assessed at a lower side. Hon’ble Apex Court in Para 5 & 6 of the said Judgment has held as follows:- “5. We have considered the rival submissions in light of the impugned judgment of the High Court as well as the judgment of the Tribunal and in light of the material on record. While we find that the High Court was justified in computing the notional monthly income of the deceased at Rs.20, 000.00 (Rupees twenty thousand only) per month and adding 40% increase to the said income towards future prospects and since the deceased was not married by deducting 50% of the monthly income towards personal expenses and awarding Rs.30, 24, 000.00 (Rupees Thirty Lakhs and Twenty Four Thousands only) towards the loss of dependency, we however find that the High Court has not awarded compensation on the head of loss of love and affection and also on the head of loss of filial consortium. Hence, we award compensation on the aforesaid heads to an extent of Rs.88, 000.00(Rupees Eighty Eight thousand) and Rs.50, 000.00 (Rupees Fifty thousand only) having regard to the judgment of this Court in the case of National Insurance Company Limited vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma Page 2 of 5 // 3 // General Insurance Company Limited vs. Nanu Ram reported in (2018) SCC online SC 1546. We also award a sum of Rs.18, 000.00 (Rupees Eighteen Thousand only) on each of the heads of Funeral Expenses and loss of estate. Thus the enhanced compensation would be Rs.1, 74, 000.00 (Rupees One Lakh Seventy Four Thousand only) which shall carry interest at the rate of 7.5% per annum from the date of the claim petition till realization. 6. At this stage, it is brought to our notice that a some of Rs.35, 31, 151.00 has already been paid to the appellants herein. In the circumstances, if the re-assessed compensation which is Rs.32, 28, 000.00 and interest at the rate of 7.5% on Rs.1, 74, 000.00 which is the additional compensation awarded by us from the date of the claim petition till the realization, is over and above Rs.35, 31, 151.00 (Rupees Thirty Five Lakhs, Thirty One Thousand, one Hundred and Fifty One Only), the said compensation shall be paid by the respondent-Insurer to the appellants herein within a period of eight weeks from today without driving the appellants herein to file an execution petition. On the other hand, if the recomputed compensation by us along with the interest on a sum of Rs.1, 74, 000.00 (Rupees One Lakh, Seventy Four Thousand Only) being the additional compensation awarded by us, with interest at the rate of 7.5% from the date of the claim petition till realization, is less than Rs.35, 31, 151.00 (Rupees Thirty Five Lakhs, Thirty One Thousand, One Hundred and Fifty One Only), the respondent-Insurer shall not seek recovery of the differential amount. With the aforesaid observations and directions, the appeal is allowed in part with nominal cost of Rs.10, 000.00 (Rupees ten thousand only).” 4.1. It is contended that had the Tribunal even taken the monthly income of the deceased at Rs.15,000/-, the Appellants-Claimants would have been entitled to get compensation amount of Rs.22,98,000/- along with interest. 4.2. However, in course of hearing learned counsel appearing for the Appellants-Claimants contended that the Appellants will have no grievance if this Court will assess the compensation amount at Page 3 of 5 // 4 // Rs.22,98,000/- along with interest @ 6% per annum payable from the date of application till its realization. 5. Mr. J. Mishra, learned counsel appearing for the Respondent- Company on the other hand contended that since the deceased was having a back paper and had not passed the B.E., there was no chance of getting the benefit of appointment basing on the campus selection, the Tribunal rightly held his monthly income at Rs.12,000/-. It is also contended that the award in the meantime has already been satisfied. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court placing reliance on the decision of the Apex Court in the case of Kumud Gupta as cited (supra), is of the view that the monthly income of the deceased should have been taken at Rs.15,000/- per month. 6.1. However, considering the submission of the learned counsel for the Appellants that the Appellants-Claimants will be satisfied if compensation amount of Rs.22,98,000/- along with 6% interest will be awarded, this Court while disposing the appeal, assess the compensation at Rs.22,98,000/- along with interest @ 6% in favour of the Appellants-Claimants. This Court accordingly while holding so and taking into account the fact that the award has already been satisfied, directs the Appellant-Company to deposit the differential amount as due and admissible within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal shall disburse the same proportionately in favour of the Page 4 of 5 // 5 // Claimants-Respondents in terms of the Judgment passed on 30.09.2024.
Decision
7. The appeal accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Orissa High Court, Cuttack The 10th March, 2025/Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2025 11:57:06 Page 5 of 5