Orissa High Court
The Divisional Manager vs Sanjib Ranjan Bahidar And Another on 14 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.891 of 2018
The Divisional Manager, M/s.National .... Appellant
Insurance Company Limited
Mr. N.N. Mahapatra, Advocate
-versus-
Sanjib Ranjan Bahidar and another .... Respondents
Mr. B.N. Samantaray, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
14.12.2021
Order No.
07. 1. Heard Mr. N.N. Mahapatra, learned counsel for the Appellant-
Insurance Company as well as Mr. B.N. Samantaray, learned
counsel for the Respondent No.1-claimant.
2. The present appeal has been filed by the Insurance Company
against the award dated 19.3.2018 of the learned 1st MACT,
Cuttack in MCA No.477 of 2012 wherein the learned Tribunal
has granted compensation of Rs.3,50,000/- along with 6% interest
per annum to the claimant from the date of filing of the
application i.e. 4.8.2012 on account of injuries sustained by the
claimant in the motor vehicular accident dated 25.1.2012.
3. It is contended on behalf of the Appellant that since the
claimant has reimbursed his medical expenses from the employer,
i.e. Punjab National Bank, no further amount should be granted in
compensation to the claimant.
4. In reply to the same, it is submitted on behalf of the claimant
that the claimant has spent Rs.6,00,000/- towards medical
treatment, but reimbursed only Rs.3,50,000/- from his employer.
It is therefore submitted that the rest amount along with
compensation towards pain and suffering has been granted by the
learned Tribunal amounting to Rs.3,50,000/-.
5. It is seen from paragraph 6 of the impugned judgment that the
learned Tribunal while discussing the medical bills produced by
the claimant towards his treatment, while noting receipt of
reimbursement from the employer to the tune of Rs.3,50,000/- has
granted further consolidated sum of Rs.3,50,000/- towards
expenditure made in the treatment, mental agony and future
expenses.
6. The period of treatment as stated by the claimant is from
25.1.2012 to 23.2.2012. Since it is admitted that the claimant has
received Rs.3,50,000/- in reimbursement from the employer
towards his treatment, keeping in view the documents produced
in support of his claim of spending Rs.6,00,000/- towards medical
treatment and the pain and suffering sustained by him for the
injuries, the amount of compensation is reduced to Rs.3,00,000/-
consolidated. It goes without saying that the said amount of
Rs.3,00,000/- shall carry interest @6% per anum from the date of
impugned judgment till the date of payment.
7. Accordingly, the Insurance Company is directed to deposit the
modified amount along with interest @6% per annum before the
learned Tribunal within a period of eight weeks from today;
where-after the same shall be disbursed to the claimant.
8. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
application before this Court, the statutory deposit made before
this Court with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
9. The MACA is disposed of.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
