Orissa High Court
M/S.National Insurance Company vs Manas Kumar Dhal And Another on 15 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.296 of 2022
M/s.National Insurance Company .... Appellant
Limited
Mr. G.P. Dutta, Advocate
-versus-
Manas Kumar Dhal and another .... Respondents
Mr. D. Pattanaik, Advocate for Respondent No.1
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
15.11.2022
Order No.
I.A. No.860 of 2022
03. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant and
Mr. D. Pattanaik, learned counsel for the Respondent No.1.
2. In view of the SR, the I.A. is disposed of as no delay is there.
MACA No.296 of 2022
3. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company as well as Mr. D. Pattanaik, learned counsel
for the Respondent No.1-claimant.
4. Present appeal by the insurer is directed against the judgment
dated 06.12.2021 of learned 4th M.A.C.T., Cuttack in M.A.C.
Case No.884 of 2014 wherein compensation to the tune of
Rs.10,86,114/- has been granted along with simple interest @6%
per annum to the claimant from the date of filing of the claim
application, i.e.16.12.2014 on account of injury sustained by him
in the motor vehicular accident dated 30.03.2014.
5. Mr. G.P. Dutta, learned counsel for the Appellant submits that
the learned Tribunal has assessed loss of earning capacity on
higher side and the fact remains that the injured-claimant has
earned more after the accident. In support of his submission, Mr.
Dutta relies on the income tax returns filed by the claimants for
the Assessment Years 2015-16 and 2016-17 by way of additional
evidence, as prayed in I.A. No.879 of 2022.
6. Perusal of copies of the ITRs for AY 2015-2016 and 2016-
2017, as produced by Mr. Dutta in course of hearing and copies
served on Mr. D. Pattanaik, it reveals that for the Assessment
Year 2015-2016, the gross total income of the injured-claimant
was Rs.3,86,579/- and for the AY 2016-17, it was Rs.4,18,155/-.
As per the copies of the ITRs filed under Ext.7 series, i.e. for the
AY 2011-12 to 2014-15, as produced in course of hearing, it
reveal that the gross total income for AY 2011-12 was
Rs.2,63,570/-, for AY 2012-13 was Rs.2,48,057/-, for AY 2013-
14 was Rs.2,97,190/- and for AY 2014-15 was Rs.2,40,803/-.
Therefore, it becomes clear that the income of the injured
increased subsequent to the date of accident. Considering such
factors and the date of Disability Certificate under Ext.6 granted
in favour of the claimant-injured, the loss of future income, as
counted by the learned Tribunal, is reduced to 50% , i.e. fixed at
Rs.4,37,057/-. Accordingly, the total compensation amount is
modified to Rs.6,49,057/-, rounded to Rs.6,50,000/-.
7. In the result, the appeal is disposed of with a direction to the
Appellant - Insurance Company to deposit the modified
compensation amount of Rs.6,50,000/- (rupees six lakhs fifty
thousand) before the Tribunal along with interest @6% per
annum from the date of filing of the claim application, i.e.
16.12.2014 within a period of two months from today; where-
after the same shall be disbursed in favour of the claimant on such
terms and proportion to be fixed by the Tribunal. However, the
penal interest @12% per annum as granted by the learned
Tribunal is waived.
8. 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.
9. Copies of the documents filed in course of hearing are kept on
record.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
