MADHUMITA NAYAK Vs. SIBA SANKAR PANDA

JUDGEMENT

(1.) The present appeal by the claimants is directed against the judgment dtd. 30/7/2007 of learned Member, 5th MACT, Khurda in M.A.C.T Misc. Case No.78 of 2003 wherein compensation to the tune of Rs.2,25,500.00 along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 23/9/2003 has been granted on account of death of the deceased Golaka Nayak @ Golekha Naik in the motor vehicular accident dtd. 3/4/2003.

(2.) The claimants have prayed for enhancement of the compensation amount in the present appeal.

(3.) It is contended that the deceased, as a mason, was earning Rs.120.00 per day but the learned Tribunal took his income at Rs.1500.00 per month erroneously and further deducted 1/3rd instead of 1/6th towards personal expenses without considering the number of dependents as '9'. It is further contended that neither any future prospects nor parental consortium has been granted by the learned Tribunal.