Orissa High Court
New India Assurance Co. Ltd vs Bimal Kumar Sahoo And Another on 11 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.713 of 2020
New India Assurance Co. Ltd. .... Appellant
Mr.S.S.Rao,Advocate
-versus-
Bimal Kumar Sahoo and another .... Respondents
Mr.Sujit Sen, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.01.2022
Order No.
5. 1. This matter is taken up by video conferencing mode.
2. Heard Mr.Rao, learned counsel for the Appellant and Mr.Sen,
learned counsel for Respondent No.1.
3. The present appeal by the Insurer is directed against the
judgment dated 7th September, 2020 passed by the learned 2nd
Addl. District Judge-cum-3rd MACT, Cuttack, in MAC Case
No.215 of 2016, wherein compensation to the tune of
Rs.2,00,000/- has been granted to the claimant-Respondent No.1
on account of the injuries sustained by him in the motor vehicular
accident dated 3rd January, 2016.
4. As per the claimant, on the date of accident, while he was
going in a motor cycle, another motor cycle i.e., bearing
Registration No.OR-05-Q-3445 coming in a rash and negligent
manner with high speed dashed behind the claimant resulting the
injuries. The injuries sustained by the claimant are, two bruises
associated with bleeding from the right ear. He was immediately
shifted to the Hi-Tech Hospital, Bhubaneswar and then to Sparsh
Hospital and thereafter again to Sum Hospital, Bhubaneswar. It is
claimed that he has spent Rs.4,00,000/- towards his treatment in
different hospitals.
5. It is contended on behalf of the Appellant that keeping in
view the nature of injuries and in absence of adequate
documentary proof with regard to the extent of expenditure, the
learned Tribunal has granted compensation to tune of
Rs.2,00,000/- along with interest @7% per annum from the date
of filing of claim application i.e., 5th April, 2016.
6. It is also submitted by Mr.Rao, learned counsel for the
Appellant that after sixty three days of the accident, the F.I.R.
was lodged. The same itself is sufficient to view the claim of the
claimant with suspicion.
7. Having heard Mr.Sen, learned counsel for Respondent No.1
and upon perusal of the impugned judgment, it is seen that the
nature of injuries relating sustenance of two bruises over the right
and left temporal bone associated with bleeding of right ear is not
disputed by the Insurer.
8. It is true that the learned Tribunal has observed under Issue
No.3 at paragraph-8 of the impugned judgment that the Petitioner
has failed to lead any specific, reliable, cogent and credible
documentary evidence in respect of his expenditure for arriving at
the specific conclusion regarding the expenditure incurred by
him. At the same time, it is also found true that the claimant has
filed the discharge summery, medial prescriptions, medicine bills
and nursing bills under Exts.8 to 11 along with the injury report
under Ext.7.
9. When the nature of injury particularly regarding bleeding
from the right ear due to the accident is not rebutted on record by
the Insurer, the contention of the learned counsel for the
Appellant that the amount of compensation is exorbitant is found
unacceptable. However, as seen from the impugned judgment,
since the learned Tribunal has granted consolidated sum of
Rs.1,70,000/- towards pain and suffering, loss of amenities,
medical expenditures and other ancillary expenditures without
arriving at the detail computation based on the documents filed
on behalf of the claimant, the same is reduced to Rs.1,15,738/-
(One lakh fifteen thousand seven hundred thirty eight), which is
the total sum of rupees shown in Exts.10 & 11.
10. It is further seen from the impugned judgment that the learned
Tribunal without adequate evidence with regard to loss of income
by the claimant has presumed for such loss in favour of the
claimant-Respondent No.1 to grant him further compensation to
the tune of Rs.30,000/-. Since the claimant has not adduced any
evidence through documentary proof with regard to his source of
income and loss thereof due to the injuries, he is not found
entitled to any substantial amount thereof. However, since the
Tribunal has awarded Rs.30,000/- on that count, the same is
reduced to Rs.15,000/- considering the fact that claimant is
undisputedly an able bodied person.
11. In the result, the claimant is entitled for a sum of
Rs.1,30,738/- ( one lakh thirty thousand seven hundred thirty-
eight) and the Insurer-Appellant is directed to pay the aforesaid
amount to him along with interest @6% per annum from the date
of filing of the claim application i.e., 5th April, 2016 within a
period of eight weeks from today.
12. The statutory deposit made by the Appellant with accrued
interest be refunded to him on proper application and on
production of proof of deposit of the award amount before the
learned Tribunal.
13. The appeal is disposed of.
14. As the restrictions due to resurgence of COVID-19 situation
are continuing, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at par
with certified copy, subject to attestation by the concerned
advocate, in the manner prescribed vide Court's Notice No.4587,
dated 25th March, 2020, modified by Notice No.4798, dated 15th
April,2021, and Court's Office Order circulated vide Memo
Nos.514 and 515 dated 7th January,2022.
( B.P. Routray)
Judge
C.R.Biswal
