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Judgment
B. P. Routray, J
1.The matter is taken up through Hybrid mode.
Heard Mr. Mishra, learned counsel for the Appellant, Mr.Ali, learned counsel for the Respondent No.2 and Mr.Behera, learned counsel for the Respondent No.1.
Present appeal by the Claimant is directed against judgment dated 17th March, 2010 of 1st M.A.C.T., Puri, in MAC Case No.236 of 2005, wherein compensation to the tune of Rs.1,61,800/- has been granted along with interest @7.5% per annum with effect from the date of filing of the claim application on account of death of the deceased by motor vehicular accident on 12th November, 2004.
Mr.Mishra submits on behalf of the Claimants that the Tribunal while awarding compensation has erroneously deducted 1/3rd towards personal expenses instead of 1/4th and further, no future prospects has been added as well as adequate amount was not granted towards general damages.
Admittedly, the offending vehicle did not have a valid insurance on the date of accident. The Tribunal has therefore exempted the insurance company from indemnification of the amount and saddled the compensation on the owner itself. As seen from the impugned award, there are four Claimants. So the appropriate deduction towards personal expenses should be 1/4th as per the principles decided in the case of National Insurance Company Ltd. vs. Pranay Sethi, (2017) 16 SCC 680. Further, the Claimants are entitled for Rs.30,000/- towards loss of estate and funeral expenses and Rs.60,000/- towards loss of consortium to the wife and children keeping in view the date of accident on 12th November, 2004.
This Court does not interfere with the finding of learned Tribunal regarding negligence contributed between the deceased and Respondent No.1. Accordingly, the liability on the owner towards payment of compensation is reduced to 50%. The total compensation amount being modified Rs.5,39,820/-, Respondent No.1 (owner) is liable to pay 50% of the same i.e. Rs.2,69,910/-, along with interest @6% per annum.
In the result, the appeal is disposed of with a direction to Respondent No.1 to deposit the modified compensation amount of Rs.2,69,910/- along with interest @6% per annum from the date of filing of the claim application till the date of deposit within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.
Failing to deposit the amount within the time stipulated, the Claimants are at liberty to realize the same as per law.
Urgent certified copy of this order be granted on proper application.
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