Orissa High Court
The Divisional Manager vs Sindhu Mahakuda And Another on 3 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.625 of 2020
The Divisional Manager, .... Appellant
M/s.Oriental Insurance Company Ltd.
Mr.P.K.Mohanty, Advocate
-versus-
Sindhu Mahakuda and another .... Respondents
Mr.A.S.Nandy, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
Order No. 3.11.2022
8. 1. Present appeal by the Appellant-Insurer is directed
against judgment dated 12th December, 2019 of the
Commissioner for Employee's Compensation-Cum-Divisional
Labour Commissioner, Dhenkanal, in E.C. Case No.17/2017
(W.C. Case No.14/2008), wherein compensation to the tune of
Rs.3,99,096/- has been granted with effect from the date of filing
of the claim application on account of injuries sustained by the
claimant in course of his employment as a driver of Tata 407
Mini Truck bearing Registration No.OAU-9424.
2. The entire challenge is based on two grounds, first, the
injured claimant did not suffer with any permanent disability and
secondly, grant of interest @12% from the date of accident is
illegal.
3. It is submitted on behalf of the Insurer that the injured
has renewed his driving license with effect from 25th April, 2011
for transport vehicle and from 25th April, 2013 in respect of non-
transport vehicle. Therefore he did not suffer any permanent
disability.
4. It is seen from the impugned award that the Tribunal
has computed compensation amount based on the disability
certificate produced by the Appellant under Ext.5. As per Ext.5,
the claimant sustained 50% permanent disability and the
Commissioner counted 100% loss of earning capacity due to such
disability. The accident is dated 5th August, 2004 and renewal of
driving license of the injured claimant with effect from 25th April,
2011 is not disputed. According to the claimant, his right knee
was fractured in the accident and he underwent operation.
5. The Insurer by filing copy of the extract of driving
license of the injured obtained from the R.T.O., Bhubaneswar has
prayed to take the same on record by way of additional evidence.
6. It is seen from the said extract of the driving license
that the validity of the license of the injured, namely, Sindhu
Mahakuda in respect of transport vehicle was renewed from 25th
April, 2011 and for non-transport vehicle from 25th April, 2013.
This renewal of the driving license of the injured from such dates
is not denied by the claimant-Respondent No.1.
7. Section 15 of the Motor Vehicles Act, 1988 read with
Rule 5 and Rule 18 of the Central Motor Vehicle Rules, 1989
prescribes that unless a person above the age of 40 years is
physically fit without any disability, his driving license cannot be
renewed further. In such case, the applicant needs to furnish a self
declaration regarding his physical fitness subject to production of
required medical certificate in the prescribed format.
In the instant case, the renewal of driving license from
such date as stated above is admitted and therefore, it is
established that the injured claimant did not suffer with the
disability mentioned under Ext.5 from 25th April, 2011 when he
renewed his driving license. In other words, the injured claimant
became free from any such permanent disability from 25th April,
2011. So the claimant is not entitled for any compensation
towards loss of future income on account of such disability.
8. With regard to the second contention of the Insurer
about grant of interest from the date of accident, the same is
found without substance. In the case of Pratap Narain Singh
Deo vs. Srinivas Sabata and another, AIR 1976 SC 222 and
Kerala State Electricity Board & another vs. Valsala K. &
another, AIR 1999 SC 3502 the position has been settled that the
interest is payable on the compensation amount from the date of
accident. This Court also in the case of Senior Divisional
Manager, National Insurance Company Ltd. vs. Suresh Kumar
Behera and another, 2019 (2) T.A.C. 461 (Ori.) have clarified
the position upon an elaborate discussion of the decisions of the
Supreme Court. As such, the challenge put forth by the Appellant
to waive out the interest part does not deserve any consideration
and in view of such authoritative pronouncements, the claimants
are found entitled to interest @12% per annum from the date of
accident. This Court also in FAO No.535 of 2014, disposed of on
4th May, 2022 have reiterated the principle holding that the
interest is payable on the compensation amount from the date of
accident.
9. Accordingly, keeping in view the expenses incurred
during treatment, the nature of disability mentioned in Ext.5 and
prevalence of the same till 2011, in the opinion of this Court a
consolidated amount of Rs.3,00,000/- would suffice the purpose.
10. Since the entire compensation amount has already been
deposited before the learned Commissioner, a sum of
Rs.3,00,000/-(three lakhs) out of the same with proportionate
accrued interest be disbursed in favour of the claimant within
eight weeks from today and the balance amount along with
accrued interest thereon shall be refunded to the Appellant-
Insurance Company within the same period on proper
application.
11. The appeal is accordingly disposed of.
( B.P. Routray)
Judge
C.R.Biswal
