Orissa High Court
Regional Manager vs Sangram Gouda And Another (In Maca ... on 29 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.11 of 2018
MACA Nos.11 & 288 of 2018
Regional Manager, M/s. Oriental
Insurance Company Ltd. (in MACA No.11/2018)
Sangram Gouda (in MACA No.288/2018)
.... Appellants
Mr. G.P. Dutta, Advocate (in MACA No.11/2018)
Mr. R. C. Pradhan, Advocate (in MACA No.288/2018)
-versus-
Sangram Gouda and Another (In MACA No.11/2018)
Purna Chandra Sahoo and Another (In MACA No.288/2018)
.... Respondents
Mr. R. C. Pradhan, counsel for Respondent No.1
(in MACA No.11/2018)
Mr. G.P. Dutta, counsel for Respondent No.2
(in MACA No.288/2018)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
29.8.2022
Order No.
07. 1. The matters are taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for the insurer and Mr.
R.C. Pradhan, learned counsel for the injured - claimant.
3. Both the appeals being arise out of the same judgment, are
heard together and disposed of by this common order.
4. Both the appeals are directed against the impugned judgment
dated 24th June, 2017 of learned 7th MACT, Bhubaneswar passed in
MAC No.61 of 2014 wherein compensation to the tune of
Rs.3,82,564/- along with interest @ 6% per annum from the date of
filing of the claim application has been awarded on account of injuries
sustained by the injured - claimant in the motor vehicular accident
dated 29th January, 2014.
5. MACA No.11 of 2018 has been filed by the insurer challenging
the award and MACA No.288 of 2018 has been filed by the claimant
praying for enhancement of the compensation amount.
6. Mr. Dutta, learned counsel submits on behalf of the insurer that
the direction of the tribunal to grant Rs.2 lakhs towards fracture of
femur and tibia besides medical expenses to the tune of Rs.1,56,064/-
is without any basis. On the other hand Mr. Pradhan submits on behalf
of the injured - claimant that as per the medical bills submitted he
incurred expenses to the tune of Rs.4,51,000/- for his treatment as
nailing was done and plates were fixed.
7. Upon hearing both parties, perusal of the impugned judgment
reveals that the tribunal disbelieved the total medical expenses
claimed by the injured because the bills were prepared after discharge
of the injured from the hospital and not supported with evidence of
P.W.1 (the claimant) that after his discharge from hospital on 21st
February, 2014 he was again admitted in the hospital. Therefore the
tribunal limited the medical expenses to the tune of Rs.1,56,064/-.
Nevertheless, the tribunal without any discussion has simply added
Rs.2 lakhs for fracture of femur and tibia. Perhaps the tribunal
intended such amount towards pain and suffering because no amount
for the same has been granted. So, considering the period of treatment
for 23 days, as an indoor patient and the nature of injuries, the amount
is reduced to Rs.1,00,000/- towards pain and sufferings.
8. It is also noticed that the tribunal has not granted any amount
towards loss of earning though the injured has stated in his evidence
that he was earning Rs.6000/- per month as an electrician. So taking
the same into consideration vis-à-vis the nature of injuries and period
of treatment, a sum of Rs.36,000/- is granted to the injured towards
loss of earning. It needs to be mentioned that the injured is not entitled
for any future loss of earning in absence of any material towards
specific nature of disability and considering his nature of avocation.
The injured - claimant is thus found entitled for total compensation of
Rs.3,18,564/- payable along with interest @ 6% per month.
9. In the result, both the appeals are disposed of with a direction to
the insurer, i.e. Oriental Insurance Co. Ltd. to deposit a reduced
compensation amount of Rs.3,18,564/- (three lakh eighteen thousand
five hundred sixty-four) before the tribunal along with interest @ 6%
per annum from the date of filing of the claim application within a
period of two months from today; where-after the same shall be
disbursed in favour of the injured-claimant on such terms and
proportion to be decided by the learned Tribunal.
10. The statutory deposit made by the insurer - Appellant in MACA
No.11 of 2018 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.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
