Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1210 of 2018
Manju Devi & others …. Appellants
Mr. P.K. Mishra, Advocate
-Versus-
Srinivas Chhotray & another …. Respondents Mr. G.P. Dutta, Advocate for Res. No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 17.04.2026
05.
1. Heard Mr. Mishra, learned counsel for the appellants and Mr. Dutta, learned counsel for respondent No.2.
2. Instant appeal under Section 173 of M.V. Act is filed by the appellants assailing the impugned judgment dated 29th August, 2018 in MAC Case No.312 of 2015 of the learned 7th M.A.C.T., Bhubaneswar on the grounds stated.
3. Mr. Mishra, learned counsel for the appellants would submit that the deceased was 42 years old as on the date of his death and hence, the appellants are entitled to further payment on the head of future prospects of the deceased in view of the decision of the Apex Court in National Insurance Company Vrs. Pranoy Sethi and others AIR 2017 SC 5157.
4. Recorded the submission of Mr. Dutta, learned counsel for respondent No.2.
5. In fact, compensation of Rs.8,44,900/- has been allowed by the learned Tribunal payable to the appellants with
interest @ 7% per annum from the date of application filed till its payment. Considering the claim and payment towards future prospects of the deceased as he died then aged about 42 years and considering the response and reply of Mr. Dutta, learned counsel for respondent No.2 and in view of the decision in Pranoy Sethi (supra), this Court is inclined to enhance the compensation and it is assessed at at Rs.1,93,725/- payable along with interest @ 6% per annum from the date of application filed, in total, Rs.3,00,000/- payable to appellant Nos.1 to 4 only.
6. Accordingly, it is ordered.
7. In the result, the appeal stands allowed. As a necessary corollary, the impugned judgment in MAC Case No. 312 of 2015 of the learned 7th M.A.C.T., Bhubaneswar is hereby modified with the direction to respondent No.2 to pay a consolidated sum of Rs.3,00,000/- to appellant Nos.1 to 4 in terms of the award dated 29th August, 2018. Upon such deposit made, it is further directed that the amount shall be disbursed in favour of appellant Nos.1 to 4 without delay.
8. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok