Orissa High Court
Manager vs Bipin Kumar Nayak And Anoher on 14 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1098 of 2018
Manager, Legal, M/s. Bharati AXA
General Insurance Company Ltd. .... Appellant
Mr. Adam Ali Khan, Advocate
-versus-
Bipin Kumar Nayak and Anoher .... Respondents
Mr. N.K. Mohanty, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
14.12.2021
Order No.
07. 1. Heard Mr. A.A. Khan, learned counsel for the insurer -
Appellant and Mr. N.K. Mohanty, learned counsel for the claimant -
Respondent No.1.
2. The present appeal is by the insurer challenging the impugned
judgment dated 18th August, 2017 of the learned 1st MACT, Cuttack in
MAC Case No.594 of 2014.
3. In the impugned judgment learned tribunal upon adjudicating
the dispute has directed for payment of compensation to the tune of
Rs.5,20,800/-along with interest @ 6% per annum from the date of
filing of the claim application, i.e. 23rd August, 2014 on account of
injury sustained by the claimant in the motor vehicular accident on
31st January, 2014.
4. It is submitted by Mr. Khan, learned counsel for the insurer that
the learned Tribunal has erroneously calculated the quantum of
compensation by taking loss of future income to the tune of
Rs.4,60,800/-. It is submitted that multiplier '16' has wrongly been
applied when the disability is temporary in nature.
5. Having heard Mr. Mohanty, learned counsel for the claimant -
Respondent, it is seen from the impugned judgment at paragraph 9
that loss of future income has been assessed taking the income of the
injured at Rs.4000/- per month and applying multiplier '16'.
6. Copy of Ext.8 as produced by learned counsel for the claimant
- Respondent in course of hearing reveals that the percentage of
disability is 60 and the condition is mentioned as 'likely to improve'
(temporary). The assessment of disability was up to 1st October, 2016
and the certificate was valid till such date only. Admittedly, it is not
the case of the claimant that the disability as stated in Ext.8 has been
reassessed after 1st October, 2016 and extended for any further period.
As such the disability as described in the disability certificate under
Ext.8 is temporary in nature and subsisted till 1st October, 2016. The
position being so, the determination of multiplier '16' made by the
Tribunal for the purpose of computing loss of future income seems
erroneous. So, without disturbing the finding of the Tribunal to the
extent of monthly income of the claimant and taking the date of
accident on 31st January, 2014 and the period of subsistence of
disability up to 1st October, 2016, the right multiplier in the higher
side would be '3'. As such, the calculation is modified to Rs.4000/- X
12 X 3 = Rs.1,44,000/-. The rest of heads of count as added by the
learned Tribunal is left undisturbed, i.e. Rs.10,000/- towards
attendant's cost, Rs.40,000/- towards medical expenditure and
Rs.10,000/- towards pain and sufferings. Thus, the total amount of
compensation comes to Rs.2,04,000/-.
7. Accordingly the compensation amount is modified to
Rs.2,04,000/- and the Appellant - insurer is directed to deposit the
aforestated amount along with 6% interest per annum from the date of
filing of the claim application, i.e. 23rd August, 2014 before the
tribunal within a period of eight weeks from today; where-after the
said amount be disbursed to the claimant in the same proportion and
terms as directed by the Tribunal.
8. The statutory deposit made by the appellant before this court
along with accrued interest be refunded to the Appellant - insurer on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
9. The appeal is disposed of in the above terms.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
