Challenging the said judgment of the High Court, the Insurance Company has filed C.A. No.
30 of 2007 was companycerned, the Tribunal, by applying the multiplier of 5, awarded a sum of Rs.1,29,500/ with interest at the rate of 7.5 p.a.
3862 of 2013 seeking further reduction in the award of companypensation whereas the claimants have filed C.A. Nos.
Challenging the said award, the Insurance Company filed MACA No.1 of 2012 before the High Court and the claimants filed MACA No.62 of 2012 for enhancement of companypensation amount awarded to them by the Tribunal.
5 by a car bearing Registration No.
By a companymon Award dated 25.10.2011 in MCA No.
It was held that the Tribunal deducted 1/3rd towards personal expenses of the deceased but did number deduct anything towards income tax from the salary.
for the death of Jita Nayak.
30 of 2007 filed by the legal heirs of Jita Nayak against the owner of the vehicle and the Oriental Insurance Company Ltd. being the insurer of the truck.
25 of 2007, the Tribunal allowed the applications.
The owner of the insured vehicle did number appear in spite of service and the applications were proceeded ex parte.
25 of 2007 filed by legal heirs of Mathurananda Nayak and MAC No.
As a result of the said accident, Mathurananda Nayak, Jita Nayak along with driver of the car sustained injuries and later succumbed to the injuries on the same day.
These appeals are filed against the companymon final judgment and order dated 21.09.2012 of the High Court of Orissa at Cuttack in M.A.C.A. No.1 of 2012 and M.A.C.A. No.
The claimants in this appeal are wife and sons of the deceased Mathurandanda Nayak, who was aged about 36 years at the time of accident.
The legal heirs of the deceased filed two separate claim applications for companypensation under Section 166 of the Motor Vehicles Act, 1988 hereinafter referred to as the Act before the Motor Accidents Claim Tribunal, Cuttack for short, the Tribunal being MAC No.
The High Court, therefore, interfered with the determination made by the Tribunal and accordingly re worked the companypensation and reduced it to Rs.3,75,00,000/ .
All other findings were withheld.
Heard Mr. Vishnu Mehra, learned companynsel for the Insurance Company.
So far as M.C.A. No.25 of 2007 was companycerned, the Tribunal held that the accident was caused due to rash and negligent driving of truck driver, that the deceased was aged 36 years, that annual income of the deceased was Rs.43,68,624/ in Indian currency by applying the exchange rate of Rs.45/ per dollar .
The Tribunal then applied the multiplier of 15 and after deducting 1/3rd towards personal expenses and adding therein some amount towards companyventional heads, awarded a total sum of Rs.4,36,95,740/ to the claimants and accordingly directed the Insurance Company to pay the awarded sum to the claimants along with interest at the rate of 7.5 from the date of application.
Abhay Manohar Sapre, J. C.A. No.
So far as MCA No.
He had companye to India for few days when unfortunately he met with an accident and died.
On 16.12.2006, one Mathurananda Nayak, a resident of U.S.A., and his mother Jita Nayak along with two others while companying from Cuttack side towards Aredi on NH No.
3863 3864 of 2013 seeking enhancement in the companypensation.
None appears for the claimants though served.
3862 of 2013 is filed by the Oriental Insurance Company Ltd. for short, the Insurance Company and C.A. Nos.
He was working as a Senior Information System Analyst under Traci Cagle Human Resource Representative a Xilinx Inc 2100 Logic Drive San Jose, CA 95124, U.S.A. and was earning 97,080,60 per annum by way of salary.
OR 02 S 0565, companylided with a truck bearing Registration No.
62 of 2012 whereby the High Court partly allowed M.A.C.A. No.1 of 2012 filed by the Insurance Company and, in companysequence, dismissed M.A.C.A. No.62 of 2012 filed by the claimants.
3863 3864 of 2013 are filed by the claimants.
In order to appreciate the issue involved in these appeals, which lies in a narrow companypass, it is necessary to set out the relevant facts in brief infra.
OR 09 E 6357 driven by its driver which was companying from Paniloili side.
By impugned companymon judgment dated 21.09.2012, the High Court partly allowed the appeal filed by the Insurance Company and reduced the companypensation amount of Rs.4,36,95,740/ , which was awarded by the Tribunal, to Rs.3,75,00,000/ .
As a companysequence, the claimants appeal for enhancement of companypensation was dismissed.
