Appeal against MAC award against quantum of compensation for the death of a 27-year-old housewife. Court enhanced compensation with directions for future prospect multiplier.
Compensation enhanced by a consolidated amount of Rs.1,00,000/- to be paid by respondent within eight weeks.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1153 of 2012
…. Balaram Chapadi & others Appellants Mr. R.C. Pradhan, Advocate
-versus-
Sanjaya Kumar Padhy & anr.
…. Respondents Mr. R.R. Mohanty, Advocate
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
01.11.2023
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Rs.5,000/- as monthly income of the victim and accordingly after deducting 1/3rd towards personal expenses of the deceased a sum of Rs.3,750/- has been taken into consideration while calculating the compensation. Learned counsel for the Appellant further objected to application of ‘12’ as a multiplier by the learned Tribunal in the present case. He further stated that keeping in view the fact that the age of the victim was 27 years at the time of accident, the learned Tribunal had applied ‘12’ as a multiplier instead of ‘18’ as a multiplier. He further contended that the amount awarded is lower in side, inadequate and unsustainable in the eye of law. Finally, it was submitted that the total compensation amount of Rs.5,50,000/- in case of death is grossly inadequate. Hence, a prayer was made for enhancement of the quantum of compensation.
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applying the ‘12’ as a multiplier while assessing the quantum of compensation. Further, it is observed that taking into consideration the age of the victim, this Court is of the view that the victim had a better future prospect. In such view of the matter, this Court is also of a considered view that the quantum of compensation awarded by the learned Tribunal is on the lower side. Considering the fact that the victim had died in the accident and she has left behind two small children.
proper to direct that the quantum of compensation needs to be enhanced by a further consolidated amount of Rs.1,00,000/-. Accordingly, the same is hereby ordered. Further, this Court directs that the respondent-Insurance Company shall do well to pay the aforesaid enhanced consolidated amount of Rs.1,00,000/- to the appellant within a period of eight weeks from today.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge
Anil
Signature Not Verified
Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Nov-2023 12:16:26
1 issue framed by the court
Whether the quantum of compensation awarded for the death of a 27-year-old housewife requires enhancement?
1 provisions across 1 enactments
Balaram Chapadi & others
Sanjaya Kumar Padhy & anr.
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
