Orissa High Court
The Sr. Divisional Manager vs Harshita Pradhan And Another on 14 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.305 of 2022 & MACA No.276 of 2022
In MACA No.305 of 2022
The Sr. Divisional Manager, Oriental .... Appellant
Insurance Company Ltd.
Mr. G.P. Dutta, Advocate
-versus-
Harshita Pradhan and another .... Respondents
Mr. P.K. Mishra, Advocate for Respondent No.1
In MACA No.276 of 2022
Harshita Pradhan .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
Prop. Monalisa Engicons and another .... Respondents
Mr. G.P. Dutta, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
14.12.2022
Order No.
MACA No.305 of 2022 and MACA No.276 of 2022
04. 1. Heard Mr. G.P. Dutta, learned counsel for the Insurance
Company and Mr. P.K. Mishra, learned counsel for the claimant.
2. Both the appeals being arise out of the same judgment dated
23.03.2022 of the learned 2nd MACT (Northern Division),
Sambalpur in M.A.C. Case No.54 of 2017 (Sambalpur), wherein
compensation to the tune of Rs.19,92,848/- has been granted
along with simple interest @6% per annum to the claimant from
the date of filing of the claim application, i.e. 20.06.2017 on
account of injury sustained by her in a motor vehicular accident
dated 31.01.2017, are heard together and disposed of by this
common order.
3. MACA No.305 of 2022 has been filed by the insurer
challenging the award on quantification of the compensation
amount. Similarly, the injured-claimant also prays for
enhancement of the quantum of compensation in her appeal, i.e.
MACA No.276 of 2022.
4. Mr. G.P. Dutta, learned counsel contends for the insurer that
computation of loss of earning to the tune of Rs.11,30,202/- is
excessive and needs reduction.
5. On the other hand, Mr. P.K. Mishra, learned counsel submits
for the injured-claimant that no future prospects on the income of
the injured have been added and further, lesser amount towards
expectation of life has been granted. He further submits that no
amount towards loss of beauty and marriage prospects has been
granted.
6. It is seen that the learned Tribunal has computed the
compensation as follows:
Sl. NATURE OF COMPENSATION ENTITLED AMOUNT
No. PARTY IN Rs.
1 Cost of treatment etc. Petitioner 6,62,646
2 Loss of earning due to accident -do- 11,30,202
3 Pain, Suffering & trauma -do- 1,00,000
4 Loss of amenities and expectation of life -do- 1,00,000
Total Petitioner 19,92,848
7. The injured-claimant is a woman aged about 21 years old on
the date of accident and due to injuries in the accident her right
leg has been amputed below the knee. She was a graduate having
computer training. The extent of permanent disability is 65%.
Based on these undisputed facts, the learned Tribunal
assessed loss of functional disability to the same extent of 65%
and taking prevalent minimum wage rate for un-skilled labourer
on the date of accident, has assessed the income and consequent
loss of income. It needs to be observed here that the learned
Tribunal has committed error in determining the income based on
minimum wage rate. It is for the reason that the injured is a
qualified woman and thus her income should be assessed on
guess work considering the circumstances like her qualification,
place of residence etc.
8. Admittedly, the learned Tribunal did not grant any future
prospects to the assessed income of the injured nor did grant any
amount towards loss of beauty, loss of marriage prospects, future
attendant's cost, future medical expenses, though apparently the
decision of the Supreme Court in the case of Raj Kumar vs. Ajay
Kumar and another, (2011) 1 SCC 343 has been discussed by
learned Tribunal.
9. Considering all such factors stated above, without delving in-
to a detail computation, this Court proposes modified amount of
Rs.30,00,000/- along with 6% interest to the parties in course of
hearing. Mr. P.K. Mishra, learned counsel for the claimant agrees
to the same and Mr. G.P. Dutta, learned counsel for the Insurance
Company leaves it to the discretion of the Court. The
compensation amount is accordingly fixed to that extent.
10. In the result, both the appeals are disposed of with a direction
to the insurer, i.e. Oriental Insurance Company Limited
(Appellant in MACA No.305 of 2022) to deposit the modified
compensation amount of Rs.30,00,000/- (rupees thirty lakhs)
along with interest @6% per annum from the date of filing of the
claim application, i.e. 20.06.2017 before the Tribunal within a
period of two months from today; where-after the same shall be
disbursed in favour of the claimant on such terms and proportion
to be decided by the learned Tribunal.
11. On deposit of the award amount by the insurer before the
Tribunal and filing of a receipt evidencing the deposit with refund
applications before this Court, the statutory deposit made in
MACA No.305 of 2022 before this Court with accrued interest
thereon shall be refunded to the insurer.
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
