Smt.N.Sibani Reddy And Others vs Bhagaban Panigrahi And Another
2022 Latest Caselaw 5455 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.237 of 2015

            Smt.N.Sibani Reddy and others                ....        Appellants
                                                    Mr.J.Mohapatra, Advocate

                                         -versus-

            Bhagaban Panigrahi and another      ....       Respondents
                        Mr.S.K.Mohanty, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

12.10.2022 Order No.

11. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Mohapatra, learned counsel for the Appellants and Mr.Mohanty, learned counsel for the Insurer- Respondent No.2.

3. Present appeal by the Appellants is against the judgment dated 17th July, 2014 of the Member, 2nd M.A.C.T. (SD), Berhampur in MAC No.204/2011 (85/2004-GDC), wherein compensation to the tune of Rs.10,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 27th December, 2003.

4. It is submitted by the Appellants that despite the death of the deceased in the motor vehicular accident, learned Tribunal

disbelieved the same and granted compensation of Rs.10,000/- only for the injuries.

5. Upon hearing both parties, it reveals that the date of accident is 27th December, 2003 and the date of death is 9th February, 2004. As per the injury report under Ext.5, the deceased sustained simple injuries of abrasions on different parts of his body like left elbow, ribial shin, right leg etc. He did not sustain any grievous injury or fracture. After his treatment he was discharged from the hospital on the same day. Subsequently he was admitted to the hospital and died on 9th December, 2004. It was ascertained upon postmortem examination that the cause of death is due to complications arising out of hypertrophic cardiomyopathy, a natural disease process. Therefore no connection is established for the death of the deceased to the injuries sustained by him in the accident dated 27th December, 2003. The Tribunal has thus rightly disbelieved the claim of death of the deceased in the motor vehicular accident and has only granted compensation in respect of the minor injuries sustained by him in the accident. As such, no merit is found in the appeal.

6. In the result, the appeal is dismissed.

( B.P. Routray) Judge C.R.Biswal