Orissa High Court
Suchitra Kumar Ojha vs The Commissioner (Transport) on 23 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.723 of 2016
Suchitra Kumar Ojha .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
The Commissioner (Transport), State .... Respondents
Transport Authority, Cuttacck and
another
Mr. P.K. Behera, Standing Counsel for the Transport Department
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
23.12.2021
Order No.
08. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellant-
claimant as well as Mr. P.K. Behera, learned Standing Counsel
for the Transport Department-Respondents.
2. Learned 4th M.A.C.T., Cuttack in the impugned judgment
dated 30.04.2016, in MAC Case No.367 of 2012/160 of 2015 has
directed for payment of compensation of Rs.4,27,200/- along with
6% per annum interest from the date of filing of the claim
application, i.e. 22.06.2012 in favour of the claimant on account
of injuries sustained in the motor vehicular accident.
3. It is submitted by Mr. Mishra, learned counsel for the
claimant-Appellant that the learned Tribunal has erroneously
fixed the notional income at Rs.3,000/- per month of the claimant
without any substance. While the Appellant has claimed to be a
carpenter and earning Rs.6,000/-, no point is there in disbelieving
his case as such in absence of any rebuttal evidence. It is further
submitted that even if accepting the claimant as an unskilled
labourer, his monthly income has to be calculated at Rs.4,500/-
taking the prescribed minimum wages per day @Rs.150/- in the
year 2012. Thus it is prayed to enhance the compensation
appropriately by adding future prospects, medical expenses and
loss of amenities and pain and suffering adequately.
4. Having heard Mr. Behera, learned Standing Counsel for the
Transport Department-Respondents, who does not dispute
absence of rebuttal evidence from the side of Respondents, and
upon perusal of the impugned judgment, it is seen from paragraph
8 that undisputedly the Appellant-claimant underwent treatment
as an indoor patient in S.C.B. Medical College & Hospital,
Cuttack for a total period of 153 days. The nature of injuries with
regard to fracture of left leg has resulted in permanent disability
up-to 60%. The disability certificate filed under Ext.12 and the
discharge certificates adduced on behalf of the claimant were not
disputed in course of trial.
5. The submission of the Appellant to accept the monthly
income of the claimant is found with substance based on
prevailing minimum rate of wages at Rs.150/- per day in 2012.
Accordingly, the order of the learned Tribunal is liable to be
modified.
6. The monthly income of the claimant-Appellant taken at
Rs.4,500/- which is further added with future prospects to the
extent of 40% making the total income to Rs.6,300/-per month.
Thus the annual income comes to Rs.75,600/-. Taking disability
aspect at 60% and without disturbing the finding of the learned
Tribunal in respect of calculation of loss of income upto 60%, the
loss of future income @60% comes to Rs.45,360/- per annum.
Taking the age of the claimant-Appellant at 26 years and applying
multiplier '17', the total amount comes to Rs.7,71,120/-. This is
the amount arrived towards loss of future income.
7. Further keeping in view the total period of treatment as 153
days as an indoor patient in the Hospital, the medical expenses is
assessed at Rs.1,00,000/- taking note of the fact that S.C.B.
Medical College & Hospital, Cuttack is a Government Hospital.
Again keeping in view the nature of disability up-to 60% which is
a locomotor disability and limping of left leg as described in the
disability certificate under Ext.12, the loss of amenities of life is
calculated at Rs.1,00,000/- taking note of the age of the claimant
as 26 years,. The claimant is also entitled to a further sum of
Rs.25,000/- towards pain and suffering. Accordingly, the total
amount of compensation comes to Rs.9,96,120/-.
8. It is submitted that the Respondents have not deposited a single
rupee till date without filing any appeal to challenge the
impugned judgment.
9. Accordingly, the Respondents are directed to deposit a sum of
Rs.9,96,120/- (Rupees nine lakhs ninety-six thousand one
hundred twenty) before the learned Tribunal along with interest
@6% per annum from the date of filing of the claim application
i.e. 22.06.2012 within a period of eight weeks from today; where-
after the same shall be disbursed to the claimant without delay.
10. From the total amount of compensation, learned Tribunal is at
liberty to keep 60% in a fixed deposit for appropriate period.
11. The MACA is disposed of as allowed.
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
