Orissa High Court
Satish Chandra Jena vs The Principal on 18 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.29 of 2021 & MACA No.55 of 2021
In MACA No.29 of 2021
Satish Chandra Jena .... Appellant
Mr. K. Das, Advocate
-versus-
The Principal, University College of .... Respondents
Engineering, At/P.O.-Burla, Dist.-
Sambalpur and another
Mr. A.A. Khan, Advocate for Respondent No.2
Mr. S.B. Udgata, Advocate for Respondent No.1
In MACA No.55 of 2021
The Divisional Manager, Oriental .... Appellant
Insurance Company Limited
Mr. A.A. Khan, Advocate
-versus-
Satish Chandra Jena and another .... Respondents
Mr. K. Das, Advocate for Respondent No.1
Mr. S.B. Udgata, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
18.11.2022
Order No.
MACA No.29 of 2021 and MACA No.55 of 2021
08. 1. Heard Mr. K. Das, learned counsel for the claimant, Mr. A.A.
Khan, learned counsel for the Insurance Company and Mr. S.B.
Udgata, learned counsel for the owner.
2. Both the appeals being arise out of the same judgment dated
28.01.2020 of the learned 3rd MACT, Bhubaneswar in M.A.C.
Case No.284 of 2005, wherein compensation to the tune of
Rs.28,54,000/- has been granted along with interest @7% per
annum to the claimant from the date of filing of the claim
application, i.e.10.05.2005 on account of injury sustained by him
in a motor vehicular accident dated 8.1.2005, are heard together
and disposed of by this common order.
3. MACA No.29 of 2021 has been filed by the injured-claimant
for enhancement of the compensation amount and MACA No.55
of 2021 has been filed by the Insurance Company challenging the
award.
4. Mr. A.A. Khan, learned counsel for the Insurance Company
challenges the award mainly questioning quantification of the
compensation amount as excessively high.
5. Mr. Das, learned counsel for the claimant-injured submits that
the Tribunal has granted Rs.50,000/- only towards future
attendant cost, which requires to be enhanced to suitable extent
keeping in view the age of the injured.
6. Mr. S.B. Udgata, learned counsel for the owner submits that
the offending vehicle being validly insured and no violation of
policy condition being alleged, the entire liability is to be
indemnified by the insurer.
7. It is seen that five witnesses have been examined on behalf of
the claimant to prove their case including the treating doctor and
the Insurance Company examined one witness Viz. OPW-1, the
investigator of the Insurance Company.
8. Admittedly the Police upon completion of investigation have
submitted the charge-sheet against the driver of the offending car
bearing Registration No.OR-17-A-5559. The cause of accident
was due to dashing of the offending car with the scooter driven by
the injured from backside. Therefore, the negligence for accident
on the driver of the offending car, as concluded by the learned
Tribunal, is confirmed.
9. Next coming to the quantum aspect, it is seen that learned
Tribunal has granted compensation on the following count.
Sl. HEAD CALCULATION
No.
(i) Loss of income = Rs. 15,36,000/-
(ii) 50% future prospects = Rs. 7,68,000/-
(iii) Medical expenses = Rs. 2,00,000/-
(iv) Pain, suffering and shock = Rs. 1,00,000/-
(v) Future medical treatment = Rs. 1,00,000/-
(vi) Loss of income during treatment = Rs. 50,000/-
(vii) Travelling and special diet = Rs. 50,000/-
(viii) Attendance charges = Rs. 5 0,000/-
Total compensation awarded = Rs.28,54,000/- (Rupees
twenty-eight lakhs fifty-
four thousand) only
10. The income of the injured has been assessed at Rs.8,000/- per
month and the functional disability is computed to the extent of
100%. Keeping in view the nature of disability as mentioned in
Ext.14, the computation of 100% functional disability by the
learned Tribunal cannot be faulted with. Further the monthly
income which has been assessed at Rs.8,000/-, based on the
salary certificate filed under Ext.7 and the evidence of P.W.1 as
well as P.W.3, is found reasonable. The loss of future income
being calculated based on the principles settled in the case of Raj
Kumar vs. Ajay Kumar and another, (2011) 1 SCC 343, no
reason is found to interfere with the same. The other heads of
counting compensation are also found reasonably adequate and
do not warrant any interference by this Court.
11. It needs to be mentioned here that the contention of the
claimant for enhancing the future attendant cost is seen without
substance, particularly keeping in view the monthly income of the
injured and place of residence.
12. In the result, both the appeals are dismissed and the insurer,
i.e. Oriental Insurance Company Limited (Appellant in MACA
No.55 of 2021) is directed to deposit the entire compensation
amount along with interest before the Tribunal as per its direction
within a period of two months from today; where-after the same
shall be disbursed in favour of the claimant on same terms and
proportion contained in the impugned order. However, the penal
interest of 8%, as directed by the learned Tribunal, is waived.
13. On deposit of the award amount by the insurer before the
Tribunal and filing of a receipt evidencing the deposit with refund
applications before this Court, the statutory deposit made in
MACA No.55 of 2021 before this Court with accrued interest
thereon shall be refunded to the insurer.
14. The copies of the depositions and documents filed by the Mr.
K. Das, learned counsel for the claimant in course of hearing are
kept on record.
15. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
