Orissa High Court
The Divisional Manager vs Kali Prasad Tripathy (Since Dead) on 16 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.251 of 2022
The Divisional Manager, Shriram .... Appellant
General Insurance Company Ltd.
Mr. A.A. Khan, Advocate
-versus-
Kali Prasad Tripathy (since dead) .... Respondents
through LRs and another
Mr. P.K. Behera, Advocate for Respondent Nos.1(a) to 1(d)
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
16.12.2022
Order No.
I.A. No.808 of 2022
02. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant and
Mr. P.K. Behera, learned counsel for the Respondents No.1(a) to
1(d).
2. Notice on Respondent No.2 is treated sufficient in view of
Office note and postal tracking report.
3. In view of Office note, the I.A. is disposed of as no delay is
there.
MACA No.251 of 2022
4. Heard Mr. A.A. Khan, learned counsel for the Appellant-
Insurance Company as well as Mr. P.K. Behera, learned counsel
for the Respondent Nos.1(a) to 1(d)-claimants.
5. Present appeal by the insurer is directed against the judgment
dated 7.10.2021 of learned 1st M.A.C.T., Kalahandi at
Bhawanipatna in M.A.C. No.18 of 2018, wherein compensation
to the tune of Rs.3,52,620/- has been granted along with interest
@7% per annum to the claimants from the date of filing of the
claim application, i.e.19.02.2018 on account of injury sustained in
the motor vehicular accident dated 12.01.2018.
6. Mr. Khan, learned counsel submits for the Appellant-Insurance
Company that after ten months of the accident, the injured died
for other cause not arising out of the injuries sustained in the
accident. Therefore, the present claimants-Respondents No.1(a)
to 1(d), who are the LRs of the deceased-injured, are not entitled
for any future loss of earning. Secondly, he submits that the
medical expenses counted by the learned Tribunal are on higher
side.
7. It is seen that the accident took place on 12.01.2018 and in the
accident, the original claimant sustained injuries on the face and
fracture of right hand shoulder and he underwent treatment as an
indoor patient for around 15 days as per the discharge certificate
under Ext.6 and the injury report under Ext.3. During pendency
of the claim application, the injured died on 13.10.2018.
8. The learned Tribunal while assessing compensation amount
concluded that the injured had monthly income of Rs.6000/- as an
unskilled labouer in absence of any proof towards income and
accordingly assessed the loss of income. The learned Tribunal in
the process did not segregate the actual loss of income and future
loss, but stated in the impugned judgment about grant of amount
of Rs.1,36,620/-.
9. Upon perusal of the impugned judgment and going through the
trend of discussion made therein, it is inferred that the loss of
income has been counted by the learned Tribunal towards future
loss. Such calculation derived by the learned Tribunal is found
unsustainable for the reason that the deceased died after ten
months of the accident for a different cause, and in absence of
any disability on the part of the injured, the learned Tribunal
proceeded to treat functional disability to the extent of 20%
permanently. Thus the entire amount of Rs.1,36,620/- granted
towards loss of earning is set aside and in place of that,
considering the nature of injuries as well as period of treatment, a
sum of Rs.25,000/- is granted towards actual loss of income.
10. The other heads of count, particularly the medical expenses to
tune of Rs.1,50,000/-, is found supported with medical bills,
discharge certificate and other circumstances regarding his
treatment. Therefore, no merit is seen in the contention of Mr.
Khan to disturb such other findings given by the learned Tribunal,
except the amount of Rs.10,000/- granted towards future medical
expenses.
11. Accordingly, the compensation amount is modified to
Rs.2,30,000/-, payable along with interest @6% per annum.
12. In the result, the Appellant - Insurance Company is directed
to deposit the reduced compensation of Rs.2,30,000/- (rupees two
lakhs thirty thousand) before the Tribunal along with interest
@6% per annum from the date of filing of the claim application,
i.e. 19.02.2018 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimants on
such terms and proportion to be fixed by the Tribunal.
13. 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.
14. The MACA is disposed of with aforesaid directions.
15. The copy of Ext.3 as filed by Mr. Khan, learned counsel for
the insurer in course of hearing is kept on record.
16. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
