The Orissa High Court has re-iterated that for counting the loss of dependency, where the business entity subsists even after death of the deceased and is managed by the dependants, the managerial skill and expertise of the deceased to run the business is to be considered along with specific facts and circumstances.
Justice Bibhu Prasad Routray in view of recent Supreme Court rulings establishing the position in MACT claim cases, rejected the appeal filed by amount of loss of dependency calculated by the Tribunal.
It cited Sushma H.R. & Anr. v. Deepak Kumar Jha & Ors., K. Ramya & Ors. Vs. National Insurance Co. Ltd. & Anr., 2022 Latest Caselaw 794 SC wherein it was observed that appropriate approach is to determine the value of managerial skills along with any other factual considerations in terms of calculating 'loss of dependency'.
It was thus noted that on the advent of facts mentioned in the present case with regard to the income of the deceased and the widow after death of the deceased, the managerial skills of the deceased based on the fact of profitable running of the respondent- M/s. Ajanta Textiles, can be assessed at 50% of the loss of dependency computed.
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