Orissa High Court
Panchanan Behera vs Ajay Kumar Maharana And Another on 21 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.833 of 2016
Panchanan Behera .... Appellant
Mr. Satyabhusan Das, Advocate
-versus-
Ajay Kumar Maharana and Another .... Respondents
Mr. S.B. Panda, counsel for Respondent No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.12.2022
Order No.
08. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S.B. Das, learned counsel for the claimant -
Appellant and Mr. S.B. Panda, learned counsel for the insurer -
Respondent No.2.
3. Present appeal by the injured - claimant is against impugned
judgment dated 3rd May, 2016 of the learned 2nd Additional District
Judge-cum- MACT, Cuttack passed in MAC No.164 of 2010, wherein
compensation to the tune of Rs.6,64,680/- along with interest @ 6%
per annum from the date of filing of the claim application, i.e. 29th
March, 2010 has been granted on account of injuries sustained by the
injured - claimant in the motor vehicular accident dated 16th
November, 2009.
4. Mr. Das contends for the Appellant that no future prospects has
been added to the income of the injured while computing loss of
future income and secondly, the cost of medical expenses has been
reduced by the tribunal to substantial extent without any basis.
5. Mr. Panda, learned counsel for the insurer submits in his reply
that the tribunal has well assessed the compensation amount with
proper justification for medical expenses. He supports other counts
arrived by the tribunal.
6. Upon perusal of the impugned judgment, it is seen that the
injured sustained crushed injuries along with fracture of right leg
below the knee and he underwent operation twice. He was
hospitalized from 16th November, 2009 to 4th January, 2010. As per
the disability certificates under Ext.9 & 10, the injured sustained 60%
permanent disability. He was a Welder by profession and the tribunal
computed his functional disability to the same extent of 60%. There is
no infirmity seen in such approach of the tribunal. But one thing is
noticed that the tribunal has forgotten to add future prospects to the
income of the injured. He being aged about 40 years on the date of
accident is entitled for addition of future prospects to the extent of
40%. Further, the tribunal, against the claim of the injured regarding
medical expenses to the tune of Rs.1,50,000/-, has only granted
Rs.75,000/-. Keeping in view the nature of injures as well as treatment
undergone by the injured and the period of such treatment coupled
with sustenance of permanent disability, a further amount of
Rs.50,000/- towards medical expenses is liable to be granted in favour
of the claimant. Again, a further sum of Rs.50,000/- towards pain and
suffering and another sum of Rs.1,00,000/- towards loss of amenities
and expectations of life is liable to be awarded in favour of the
claimant.
Thus, considering all such factors, the amount of compensation
is enhanced to - Rs.2,39,872/- (future prospects) + Rs.50,000/-
(medical expenses) + Rs.1,00,000/- (loss of amenities and
expectations of life) + Rs.50,000/- (towards pain and suffering) =
Rs.4,39,872/- in total, payable along with interest @ 6% per annum.
7. It is submitted by Mr. Das, learned counsel for the claimant that
the amount directed by the tribunal has been disbursed in favour of the
injured - claimant.
8. In the result the appeal is disposed of with a direction to the
insurer - Respondent No.2 to deposit a further compensation amount
of Rs.4,39,872/- (four lakhs thirty-nine thousand eight hundred
seventy two) before the tribunal along with interest @ 6% per annum
from the date of filing of the claim application, i.e. 29th March, 2010,
within a period of two months from today; where-after the same shall
be disbursed in favour of the claimant - Appellant on such terms and
proportion to be decided by the learned tribunal.
9. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
