AI Structured Summary
Not yet generated for this judgment
Judgment
B. P. Routray, J
The matter is taken up through Hybrid mode.
Heard Mr.Dutta, learned counsel for the Appellant-Insurer and Mr.Mishra, learned counsel for claimant-Respondent No.1 to 6.
Present appeal by the Insurer is directed against the judgment dated 25th March, 2021 of the 2nd M.A.C.T., (N.D.), Sambalpur, in M.A.C.Case No.16 of 2016 (Sambalpur), wherein compensation to the tune of Rs.39,94,117/- has been granted along with interest @6% 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 13th December, 2015.
Mr.Dutta submits that contributory negligence on the deceased itself should be attributed since the accident was the result of front collusion between the offending vehicle i.e. Duster Car bearing Registration No.CG-12AM-7340 and the motorcycle rode by the deceased. This contention of the Insurer is rejected outright without any material being brought on record to justify any contribution by the deceased for the cause of accident and moreover, the police after completion of investigation has submitted charge-sheet against the driver of the offending car alone.
5.Next on the quantum of compensation, it is submitted by Mr. Dutta that the Tribunal has committed mistake while assessing income of the deceased without deducting tax component. It is seen that, as per Form-16 produced by the claimants under Ext.11, the deceased had annual income of Rs.5,38,7116.77 paisa and a sum of Rs.29,604/- was deducted towards income tax through TDS. Thus, after deduction of such amount from gross income as well as professional tax of Rs.2,500/-, net income of the deceased is determined at Rs.5,06,607/-. Adding future prospectus to the extent of 15%, it comes to Rs.5,82,598/-. Applying multiplier 9 with deduction of 1/3rd towards personal expenses, total loss of dependency is computed at Rs.34,35,588/-. Adding spousal consortium to the widow and parental consortium to claimant no.6 (since other sons are married), total compensation is determined at Rs.36,05,588/-, payable along with interest @6% per annum.
In the result, the appeal is disposed of with a direction to Insurer-Appellant to deposit the compensation amount of Rs.36,05,588/- (Thirty six lakhs five thousand five hundred eighty eight) before the Tribunal along with interest @6% per annum from the date of filing of the claim application 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 the Tribunal.
The copy of Ext.11 as produced by Mr. Dutta in course of hearing is kept on record.
The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.
Urgent certified copy of this order be granted on proper application..
………………………..