Orissa High Court
This Matter Is Taken Up Through ... vs Unknown on 18 January, 2021
MACA NOS.235 & 440 OF 2020
2. 18.01.2021 I.A. No.394 of 2020.
This matter is taken up through Video Conferencing
because of COVID-19 Pandemic.
This application has been filed for the appellant for
exemption of court fees.
Payment of court fees is exempted for the time being.
The learned counsel for the appellant is directed to pay the
court fees at the time of receiving final compensation
amount.
The I.A. is accordingly disposed of.
.........................
P. Patnaik, J.
3. 18.01.2021 MACA NO.235 OF 2020
Heard Mr. P.K. Mishra, learned counsel for the
appellant and Mr.G.P. Dutta, learned counsel for respondent
no.2.
The appellant has challenged the impugned judgment
dated 21.12.2019 passed by the learned 4th Motor Accident
Claims Tribunal, Cuttack in MAC Case No.723 of 2016/508
of 2017 awarding amount of Rs.85,80,000/- along with
Gs interest @ 6% per annum from the date of filing of the case.
Learned counsel for the appellant submitted that the
impugned award is liable to be enhanced taking into the
consideration the gravity of injury, actual expenditure
incurred, period of treatment and assessment of future loss
of earning as 55% functional disability upon the income of
Rs.15,41,150/- per annum as because the claimant-
appellant was not able to perform his work as earlier, as per
the evidence of Doctor, who has been examined as P.W.2
and loss of future prospects as the injured was 47 years at
the time of accident.
Learned counsel for the appellant further submitted
that the learned Tribunal should not assess the functional
disability as 40% for future loss of earning instead of 55%
since as per the disability granted by the Medical Board as
stated by the Doctor, (P.W.2) during his examination before
the learned Tribunal, the functional disability for loss of
earning which is corroborated by the documentary evidences
under Ext.12 to 12/c.
Learned counsel for the appellant further submitted
that when the treating Physician, P.W.2 deposed about
future medical expenditure of Rs.5,00,000/-, non awarding
of future medical expenditure of Rs.5,00,000/- by the
learned Tribunal is completely bad.
Learned counsel for the appellant further submitted
that when the injured was aged about 47 years at the time of
accident and as per Ext.12 series his income was increasing
day by day prior to the accident, non awarding of the future
prospects of 25% of the income for assessment of future loss
of earning is completely bad in the eye of law.
Learned counsel for the respondent no.2 submitted
that the learned Tribunal in a cryptic manner took the
whole income for the year 2015-16 for the purpose of
assessment of compensation and as such the judgment is
not sustainable and is liable to be set aside.
Learned counsel for the respondent no.2 further
submitted that the learned Tribunal has awarded
Rs.1,00,000/- towards pain and suffering of the claimant
without assigning any cogent reasons.
Learned counsel for the respondent no.2 further
submitted that the learned Tribunal has directed to pay the
amount within two months along with interest @ 6% per
annum failing which the said amount shall carry default
interest @ 12% per annum particularly when the Statute
provides 90 days for filing appeal and also in view of
provisions contained under Section 171 of the M.V. Act, the
learned Tribunal is only empowered to grant simple interest
and as such the judgment is not sustainable and same is
liable to be set aside on this score.
Considering the submissions made by the learned
counsel for respective parties and on perusal of the grounds
taken by the learned counsel for the parties, this Court finds
that no infirmity and illegality committed by the learned
Tribunal while passing the impugned award. Hence, the
award passed by the learned Tribunal is confirmed. The
Insurance Company is directed to deposit the amount
awarded by the learned Tribunal in MAC Case No.723 of
2016/508 with interest @ 6% per annum within a period of
eight weeks from today.
On depositing the awarded amount by the Insurance
Company before the learned Tribunal, the same shall be
disbursed in favour of the claimant in accordance with the
order of the learned Tribunal.
Since the cheque showing deposit of statutory deposit
has not yet been invested, the same shall be returned to the
appellant-Insurance Company.
.........................
P. Patnaik, J.
