Krushna Chandra Padhi v. Subala Pradhan

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.775 of 2020 Krushna Chandra Padhi and another ....

Appellants Mr. B.Panda, Advocate -versusSubala Pradhan and another .... Respondents Mr.S.Satpathy, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

16.9.2022 Order No.

8.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Panda, learned counsel for the claimantsAppellants and Mr.Satpathy, learned counsel for the InsurerRespondent No.2. 3.

Present appeal by the Appellants is against the judgment dated 31st January, 2020 of the Additional District Judge-Cum-8th MACT, Aska, in M.A.C. Case No.31 of 2017, wherein compensation to the tune of Rs.13,82,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 15th February, 2017. 4.

The claimants-Appellants have come up praying for enhancement of the compensation amount mainly on the ground of enhancement in the income.

5.

Upon hearing both parties and considering the grounds of challenge advanced, the income of the deceased is raised and fixed at Rs.7,400/- per month against Rs.6,512/- counted by the Tribunal. Adding future prospects and other benefits to the same, the total compensation found liable to be enhanced to further amount of Rs.1,20,040/- (One lakh twenty thousand forty). Considering usual interest at the rate of 6% thereon from the date of filing of the claim application, a consolidated sum of Rs.1,50,000/- is granted to the claimants.

6.

Accordingly, the appeal is disposed of with a direction to the Insurer to deposit the enhanced consolidated amount of Rs.1,50,000/- (One lakh fifty thousand) before the Tribunal within a period of two months from today, which shall be disbursed in favour of the claimants.

7.

Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal