Advocates:
['DURGA CHARAN DEY', 'A A KHAN', 'S K MISHRA', 'S K SAHOO']

MACA Nos.502 & 1003 of 2019

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IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA Nos.502 of 2019 & MACA No.1003 of 2019

(From the judgment dated 6^th July, 2019 passed by Shri Pravat Kumar

Rajguru, learned 2^nd M.A.C.T., Cuttack in Misc. Case No.631 of 2013)

In MACA No.502 of 2019

Bishnupriya Panda

….

Appellant

-versus-

Basanti Manjari Mohanty and

another

….

Respondents

Advocate(s) appeared in this case:-

For Appellant

: Mr. D.C. Dey, Advocate

For Respondents

: Mr. A.A. Khan, Advocate

For Respondent No.2

In MACA No.1003 of 2019

M/s.Oriental Insurance Company

Limited

….

Appellant

-versus-

Bishnupriya Panda and another

….

Respondents

Advocate(s) appeared in this case:-

For Appellant

: Mr. A.A.Khan, Advocate

For Respondents

: Mr. D.C. Dey, Advocate

For Respondent No.1

MACA Nos.502 & 1003 of 2019

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CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

20^th June, 2022

B.P. Routray, J.

1.

Both the appeals being arise out of the same judgment dated

06.07.2019 of the learned 2^nd MACT, Cuttack in Misc. Case No.631 of

2013 wherein compensation to the tune of Rs.68,74,000/- has been

granted along with interest @7% per annum to the claimant from the

date of filing of the claim application, i.e.25.9.2013, are heard together

and disposed of by this common judgment.

2.

Bishnupriya Panda, the original claimant is the Appellant in

MACA No.502 of 2019 and the insurer has preferred MACA No.1003

of 2019.

3.

The deceased was a young girl aged about 21 years prosecuting

her studies in 4^th year MBBS at VSS Medical College & Hospital,

Burla. On 27.7.2013 at around 6.30 P.M. when the deceased was going

in TVS Scooty at Boreipali Chowk, Sambalpur, the offending Truck

bearing Registration No.OR-09-C-5525 dashed it from the back side

being driven in a rash and negligent manner causing death of the

deceased while being shifted to the Hospital.

MACA Nos.502 & 1003 of 2019

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4.

The claimant, the widow mother of the deceased, filed the

application claiming compensation of Rs.20 lakhs on account death of

the deceased in the motor vehicular accident. Two witnesses were

examined on behalf of the claimant and 18 nos. of documents were

marked in evidence in support of the claim. No evidence was adduced

from the side of the insurer or the owner.

5.

Learned Tribunal upon adjudication directed for payment of

compensation by the insurer to the tune of Rs.68,74,000/- along with

7% interest to the claimant. The learned Tribunal for determining just

compensation has assessed monthly notional income of the deceased at

Rs.50,000/- added with 40% of the same towards future prospects and

applied 8189 multiplier.

6.

The insurer challenges such assessment made by the learned

Tribunal by contending before this Court that when the deceased was

admittedly a non-earning person fixing her notional income at

Rs.50,000/- is against the principles enshrined in the M.V. Act, that too

with addition of 40% future prospects. It is further submitted that

besides entitlement of the claim for compensation, the alleged

MACA Nos.502 & 1003 of 2019

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offending vehicle has been implanted, though was not involved in the

accident, to manage grant of compensation under the M.V. Act.

7.

The original claimant while pursuing the appeal has prayed for

enhancement of the compensation by taking monthly notional income

of the deceased at rupees one lakh instead of Rs.50,000/- calculated by

the learned Tribunal.

8.

First coming to the challenge advanced by the insurer regarding

his contention that the offending vehicle has been implanted in this

case, admittedly no evidence has been adduced either