Supreme Court - Daily Orders
Bishnupriya Panda vs Basanti Manjari Mohanty on 4 August, 2023
Bench: A.S. Bopanna, M.M. Sundresh
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.4911 OF 2023
(arising out of SLP(C) No 16447/2022)
BISHNUPRIYA PANDA Appellant(s)
VERSUS
BASANTI MANJARI MOHANTY & ANR. Respondent(s)
O R D E R
1. Leave granted.
2. Heard the learned counsel for the appellant and perused the appeal papers.
3. Respondents, though served, have not entered appearance and have their say in the appeal.
4. In respect of the accident which had occurred on 27.07.2013, the Motor Accidents Claims Tribunal (for short ‘MACT’) through its award dated 06.07.2019, had awarded a sum of Rs.68,74,000/- with interest at 7% per annum as compensation. Before the High Court, the appeals filed by both the appellant as also by the respondent-Insurance Company was Signature Not Verifieddismissed. It is in that light, the appellant is Digitally signed by Nisha Khulbey before this Court seeking further enhancement of the Date: 2023.08.08 16:10:45 IST Reason: compensation.
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5. The MACT, having taken note that the deceased was a student of 4th year of MBBS and was aged about 21 years at the time of the accident which had occurred on 27.07.2013, had taken the notional income of the deceased at Rs.50,000/- per month and added 40% of the same towards future prospects, which adds up to the sum of Rs.70,000/-. 50% of Rs.70,000/- i.e. Rs.35,000/- is deducted towards self expenses and has thereafter awarded the compensation.
6. In so far as the notional income reckoned and the parameters adopted to reach the same, we are of the opinion that the MACT was justified. However, if the very same parameters are taken note, the actual amount of compensation ought to have been a sum of Rs. 75,60,000/- towards loss of dependency and further a sum of Rs.70,000/- towards conventional heads. Hence, the total compensation amount ought to have been Rs.76,30,000/-, which we accordingly correct and rectify. The award passed by the MACT is accordingly modified/ rectified.
7. Hence, we hold that the appellant is entitled to the actual compensation of Rs.76,30,000/- with interest at 7% per annum. The enhanced amount of compensation shall be deposited by the Insurance 3 Company before MACT within six weeks from the date of receipt of a copy of this judgment, which shall thereupon be released to the appellant/claimant herein.
8. With the above modification, the appeal stands disposed of along with the pending application(s), if any.
...................J. (A.S. BOPANNA) ...................J. (M.M. SUNDRESH) New Delhi 04th August, 2023 4 ITEM NO.50 COURT NO.7 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16447/2022 (Arising out of impugned final judgment and order dated 20-06-2022 in MACA No. 502/2019 passed by the High Court Of Orissa At Cuttack) BISHNUPRIYA PANDA Petitioner(s) VERSUS BASANTI MANJARI MOHANTY & ANR. Respondent(s) IA No. 138198/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 04-08-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Chittaranjan Mishra, Adv.
Mr. Binay Kumar Das, AOR Mr. Sanjay Kumar Singh, Adv. Mr. Jivan Kumar Choudhury, Adv. Ms. Neha Das, Adv.
Mr. Anil Kumar Srivastava, Adv. Mr. Neeraj Srivastava, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of along with the pending application(s), if any in terms of the signed order.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)