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2026 Supreme(Online)(Ori) 498

ORISSA HIGH COURT
SATYA NARAYAN AGRAWAL – Appellant
Versus
SANTANU KUMAR BADPANDA – Respondent


Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  • The appeal challenges the quantum of compensation awarded by the Motor Accident Claims Tribunal in a claim for death due to a vehicular accident (!) .

  • The deceased was a self-employed individual earning approximately Rs. 95,000 per month from his transport business, and his death caused financial hardship to his family (!) .

  • The accident occurred on 24.11.2011 when the deceased was riding his motorcycle and was hit from behind by a bus, resulting in his death (!) .

  • The Tribunal awarded a compensation of Rs. 23,27,066, with the insurer satisfying this amount, but the appellants disputed the quantum, specifically the calculation of the deceased’s income (!) (!) .

  • The appellant’s counsel argued that the Tribunal incorrectly calculated the deceased’s income at Rs. 1,62,633 instead of Rs. 2,55,923 as per the income tax return for the relevant assessment year (!) .

  • The Tribunal’s calculation of future prospects and deduction for personal expenses was detailed, leading to a computed dependency loss of approximately Rs. 32.41 lakhs, plus additional non-pecuniary damages totaling Rs. 1,05,000 (!) .

  • The appellate court found that the income assessment was erroneous and recalculated the compensation, resulting in a higher amount of Rs. 33,46,868, from which the previously awarded amount was deducted, leaving a differential of Rs. 10,19,802 (!) .

  • The court ordered the insurer to pay the additional compensation of Rs. 10,19,802 with interest at 6% per annum from the date of filing the claim, within eight weeks. The amount is to be disbursed to the claimants proportionately (!) .

  • The appeal was allowed, and the judgment was modified accordingly, with no order as to costs (!) .

Please let me know if you need further legal analysis or assistance regarding this case.


JUDGMENT

G. Satapathy, J.

1. The quantum of compensation as awarded to the claimants/appellants herein by the impugned judgment dated 14.12.2022 passed by learned 2nd Motor Accident Claims Tribunal, Northern Division( in short, “2 nd MACT”) Sambalpur in MACA No. 04 of 2013 is under challenge in this appeal U/S.173 of Motor Vehicles Act, 1988 (in short, “the Act”).

2. Briefly stated, the appellants who are the claimants-cum-legal representative of one Sanjay Kumar Agarwal (hereinafter referred to as, “the deceased”) have filed an application U/S. 166 of the MV Act for compensation towards death of their sole bread earner-cum-deceased who on the fateful day on 24.11.2011 at about 6.20PM while returning from Bareipali, Sambalpur towards Remed side by riding his motor cycle bearing Regd. No. OR-15Q-5425 on NH-6, near Gopalpali Chowk in front of Hyundai show room, was suddenly dashed from behind by a bus bearing registration number OR-15R-5366 coming in rash and negligent manner with a high speed ultimately resulting in death of the deceased. The claimants have averred in their application for compensation that the deceased was earning Rs.95,000/- per month from his transport business and

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