Orissa High Court
Minati Rout And Others vs Baishnab Ch. Patra And Another on 4 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.549 of 2019
Minati Rout and Others .... Appellant
Mr. Janmejaya Dash, Advocate
-versus-
Baishnab Ch. Patra and Another .... Respondents
Mr. Sayed Asif Ali, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
4.4.2022
Order No.
09. 1. Heard Mr. J. Dash, learned counsel for the claimant -
Appellants and Mr. S.A. Ali, learned counsel for insurer - Respondent
No.2.
2. Present appeal by the claimants has been filed challenging the
judgment dated 16th May, 2019 of learned 4th MACT, Cuttack passed
in MAC No.176 of 2009/257 of 2013 wherein compensation to the
tune of Rs.1,00,000/- along with interest @ 6% per annum from the
date of filing of the claim application, i.e. 28th March, 2009 has been
granted on account of injuries sustained by the claimant in the motor
vehicular accident dated 22nd February, 2009.
3. Initially injured Babaji Rout filed the claim application for
compensation on account of injuries sustained by him in the motor
vehicular accident on 22nd February, 2009. During pendency of the
claim application the original claimant died on 23rd June, 2009. The
present claimants - Appellants who are widow, children and mother
of the deceased were substituted on record on 22nd September, 2014.
By rejecting the contention of the present Appellants about death of
the deceased due to injuries sustained by him in the accident, the
learned Tribunal granted compensation of Rs.1,00,000/- for the
injuries sustained by the injured in the accident.
4. Mr. Dash contends on behalf of the Appellants that despite the
death of the injured due to the injuries sustained in the accident, the
Tribunal has granted compensation only for the injuries sustained by
him.
5. Upon hearing Mr. Ali, learned counsel for the insurer-
Respondent and perusal of the impugned judgment, it reveals that
though present Appellants were brought on record by substitution in
2014 but did not make out any case by amendment of pleadings that
the death of deceased was due to the injuries sustained in the accident.
They have also failed to produce any material in support of their
contention that the death of the original claimant is due to the injuries
sustained by him in the accident or any way related to the same. On
the other hand, it was the specific case of the claimants that the
injured Babaji Rout underwent treatment for the period from 22nd
February to 27th February, 2009 and again from 3rd March to 9th
March, 2009 only for such injuries sustained by him in the accident.
Neither the cause of death nor any circumstances thereof has been
mentioned by the claimants to throw any light on the death of the
original claimant if connected to the injuries sustained by him.
Therefore the contention of the claimants to treat the death of the
deceased as an outcome of the injuries sustained by him in the
accident is found without substance and as such rejected.
6. In the result I do not see any infirmity in the impugned
judgment of the learned Tribunal. Accordingly, the appeal is
dismissed.
7. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
