Orissa High Court
The Sr. Divisional Manager vs Ajaya Kumar Sahoo And Another on 4 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.321 of 2019
The Sr. Divisional Manager, United .... Appellant
India Insurance Co. Ltd.
Mr. R. Ch. Sahoo (1), Advocate
-versus-
Ajaya Kumar Sahoo and another .... Respondents
Mr. B. Mohanty, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
04.04.2022
Order No.
08. 1. Heard Mr. R. Ch. Sahoo (1), learned counsel for the Appellant-
Insurance Company as well as Mr. B. Mohanty, learned counsel
for the Respondent No.1-claimant.
2. Present appeal by the insurer is directed against the judgment
dated 19.02.2019 of the learned 1st MACT, Dhenkanal in MAC
Case No.204 of 2016 wherein compensation to the tune of
Rs.18,83,550/- along with interest @7% per annum from the date
of filing of the claim application, i.e.,17.10.2016 was granted by
the learned Tribunal to the claimant on account of injury
sustained by him in a motor vehicular accident dated 02.06.2016.
3. Learned counsel for the Appellant in course of hearing mainly
challenges the quantum of compensation. It is submitted that the
income of the injured-claimant has been taken on higher side to
determine the loss of future income. As per the Appellant, the
income of the injured cannot be Rs.3 lakhs per annum and it
should be reduced to Rs.2,63,760/- per annum taking the average
of the income shown in the IT returns under Exts.11 & 12.
4. It is seen that the learned Tribunal for the purpose of
determination of income of the claimant has considered the IT
returns filed on behalf of the claimant for the Assessment Years
2014-15 and 2015-16 under Exts.11 & 12 in addition to the oral
evidence of the claimant. The documents under Exts.11 & 12 are
not disputed by the insurer. The claimant to further substantiate
his income has also furnished the certificate relating to ownership
of different trucks and tippers filed Exts.13, 14, 15 & 16. Upon
scrutiny of all those documents, no illegality is seen with regard
to fixation of the amount of income of the claimant by learned
Tribunal.
5. The extent of disability of the claimant up-to 50% is not
disputed by the Appellant. The learned Tribunal has approached
in a logical way to determine loss of future income at 30% and
counted it to Rs.11,70,000/-. This is found without any fault.
Similarly the amount granted under the head viz. cost of
medicines and medical expenses to the tune of Rs.5,83,547/- is
found supported with the medical documents of expenses under
Ext.17 to 20. Keeping in view the undisputed nature of injury and
the resultant suffering of permanent disability, the expenses so
incurred on the part of the injured as calculated by the learned
Tribunal does not require any interference. The amounts granted
under other heads, i.e. Rs.30,000/- for pain and suffering,
Rs.50,000/- each for hospitalization charges and loss of actual
income during the period of treatment also do not need any
interference.
6. In the result, the appeal seems without any merit and is
accordingly dismissed.
7. The Appellant-Insurance Company is directed to deposit the
entire award amount along with interest before the Tribunal
within a period of eight weeks from today.
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.
( B.P. Routray)
Judge
B.K. Barik
