Orissa High Court
Gobinda Das vs Gagan Senapati And Another on 20 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.698 of 2020
Gobinda Das .... Appellant
Mr. Dhananjaya Mund, Advocate
-versus-
Gagan Senapati and Another .... Respondents
Mr. G.P. Dutta, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
20.12.2022
Order No.
08. 1. The matter is taken up through hybrid mode.
2. Heard Mr. D. Mund, learned counsel for the injured - claimant
and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.
3. Present appeal by the claimant is against the impugned common
judgment dated 30th September, 2020 of learned 1st MACT, Baleswar
passed in MAC Case No.488 of 2016 and 490 of 2016. Present appeal
is in respect of MAC No.488 of 2016 wherein compensation to the
tune of Rs.1,06,059/- along with interest @ 7.5% per annum from the
date of filing of the claim application, i.e. 28th November, 2016 has
been granted on account of injuries sustained by the claimant in the
motor vehicular accident dated 10th August, 2016.
4. The injured - claimant has prayed for enhancement of the
compensation amount and Mr. Mund submits for the appellant that the
tribunal has failed to assess the actual amount of medical expenses
incurred by the injured for his treatment.
5. It is seen from the impugned judgment that the tribunal has
granted Rs.30,000/- towards medical treatment, Rs.4,144/- towards
loss of income, Rs.51,915/- towards medicine bills and Rs.20,000/-
towards attendant cost, diet etc totaling of Rs.1,06,059/-.
6. Upon hearing Mr. Dutta, learned counsel for the insurer and
perusal of the impugned judgment it is seen that the injured underwent
treatment as an indoor patient from 12th August, 2016 to 30th August,
2016. Further, as per the injury report and discharge certificate issued
by the SCB Medical College and Hospital, Cuttack there was fracture
of right leg which was operated fixing the nail.
Thus considering the nature of injury, his period of treatment as
well as nature of treatment including pain and suffering so also future
medical expenses, a further consolidated sum of Rs.1,30,000/- is
proposed to the parties. This is agreed by Mr. Mund, learned counsel
for the claimant - Appellant and Mr. Dutta, learned counsel for the
insurer leaves it to the discretion of the court. Accordingly the amount
is fixed to the said extent.
7. In the result the appeal is disposed of with a direction to the
insurer - Respondent No.2 to deposit a further consolidated sum of
Rs.1,30,000/- (one lakh thirty thousand) before the tribunal, 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.
8. The certified copies of injury report and discharge certificate
filed in course of hearing are kept on record.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
