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Jhunu Gouda v. Bulu Palara

Orissa HC15 Feb 2023MACA/651/2017

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of two appeals arising from a motor accident claim. The court affirmed the compensation quantum of Rs.12,00,000, addressed a technical objection regarding the driver's license, and directed the insurer to deposit the amount.

What did the court decide?

Insurance company directed to deposit Rs.12,00,000 along with interest @6% per annum from 12.9.2013 before the Tribunal within two months.

Jhunu Gouda Vs Bulu Palara — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.651 of 2017 & MACA No.524 of 2017

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In MACA No.651 of 2017

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Jhunu Gouda and others …. Appellants Mr. K. Panigrahi, Advocate

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-versus-

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Mr. Bulu Palara and another …. Respondents Mr. S. Roy, Advocate for Respondent No.2

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In MACA No.524 of 2017

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…. Divisional Manager, M/s.Oriental Appellant Insurance Co. Ltd. Mr. S. Roy, Advocate -versus- Jhunu Gouda and others …. Respondents Mr. K. Panigrahi, Advocate for Respondent Nos.1 to 5 and 7

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CORAM: JUSTICE B. P. ROUTRAY ORDER 15.02.2023

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Order No.

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MACA No.651 of 2017 & MACA No.524 of 2017

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1. Heard Mr. K. Panigrahi, learned counsel for the claimants and Mr. S. Roy, learned counsel for the insurance company.

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2. In MACA No.651 of 2017 filed by the claimants, it is submitted by Mr. K. Panigrahi, learned counsel for the Appellants that the other LRs being already on record, no substitution are required for deceased-Appellants Nos.6 & 7.

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3. Accordingly, the names of Appellant Nos.6 & 7 in MACA No.651 of 2017 are deleted, as prayed for.

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Page 1 of 3

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4. Both the appeals being arise out of same judgment dated 24.12.2016 of learned 3^rd MACT, Bhanjanagar in M.A.C. No.232 of 2013, wherein compensation to the tune of Rs.7,00,000/- has been granted along with interest @7% per annum to the claimants from the date of filing of the claim application, i.e. 12.9.2013 on account of death of the deceased in a motor vehicular accident dated 14.8.2013, are heard together and disposed of by this common order.

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5. The challenge advanced by the insurer in MACA No.524 of 2017 with regard to the validity of driving license is not found sustainable in view of the undisputed fact that the accused-driver was authorized to drive LMV and the offending vehicle was a passenger Auto-rickshaw.

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6. The next dispute is with regard to quantification of compensation amount. When the claimants are praying for enhancement of the same by counting the income of the deceased at the minimum wage rate prevailing on the date of accident, the insurer is contending to reduce the same on the ground that exorbitant amount has been added towards conventional heads and consortium.

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7. It is seen that learned Tribunal has assessed the income of the deceased at Rs.3000/- per month. As per Notification No.1942, dated 6.10.2012 of Labour and ESI Department, Government of Orissa, the minimum wage of Rs.150/- was prevalent on the date of accident, i.e. 14.8.2013. The income of the deceased is counted as such and enhanced to Rs.4500/- per month. Resultantly, with addition of future prospects to the extent of 40% and deduction of

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Page 2 of 3

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1/5^th towards personal expenses, the annual loss of dependency is determined at Rs.60,480/- and total loss of dependency at Rs.9,67,680/- (by applying multiplier ‘16’). Adding Rs.2,00,000/towards consortium to the children and widow, and adding Rs.30,000/- towards general damages, the total compensation is determined at Rs.11,97,680/- rounded to Rs.12,00,000/-, payable along with interest @6% per annum.

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8. In the result, both the appeals are disposed of with a direction to the insurance company, i.e. Oriental Insurance Co. Ltd. to deposit the modified compensation amount of Rs.12,00,000/(rupees twelve lakhs) along with interest @6% per annum from the date of filing of the claim application, i.e. 12.9.2013 before learned Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by learned Tribunal.

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9. 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.524 of 2017 before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

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10. An urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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B.K. Barik

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Jhunu Gouda v. Bulu Palara

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Jhunu Gouda v. Bulu Palara

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