Orissa High Court
Rekha Parida And Others vs Bishnu Prasad Nath And Another on 21 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.957 of 2012 & MACA No.1066 of 2012
In MACA No.957 of 2012
Rekha Parida and others .... Appellants
None
-versus-
Bishnu Prasad Nath and another .... Respondents
Mr. P.K. Mahali, Advocate for Respondent No.2
In MACA No.1066 of 2012
National Insurance Co. Ltd. .... Appellant
Mr. P.K.Mahali, Advocate
-versus-
Rekha Parida and others .... Respondents
None
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
21.09.2022
Order No.
MACA No.957 of 2012 & MACA No.1066 of 2012
06. 1. Heard Mr. P.K. Mahali, learned counsel for the Insurance
Company. None appears on call for the claimants.
2. Both the appeals being arise out of the same judgment dated
18.05.2012 of the learned 1st MACT, Dhenkanal wherein
compensation to the tune of Rs.5,80,000/- has been granted along
with interest @6% per annum to the claimants from the date of
filing of the claim application, i.e.2.4.2007 on account of death of
the deceased in the motor vehicular accident dated 8.5.1998, are
heard together and disposed of by this common order.
3. MACA No.957 of 2012 has been filed by the claimants
praying for enhancement of the compensation amount on the
ground to apply higher multiplier. MACA No.1066 of 2012 has
been filed by the insurer challenging the award on the ground that
the death is not connected to the injuries sustained in the accident.
4. Upon going through the memorandum of appeal and the
impugned judgment in MACA No.957 of 2012, it reveals that the
claimants contend that the monthly income of Rs.6000/- as
assessed by the learned Tribunal is on lower side, the multiplier
applied by the Tribunal is erroneous and the expenses of
treatment has been improperly quantified.
5. So far as the contention raised by the insurer that the death of
the deceased is unconnected to the injuries sustained in the
accident, it is seen that the date of accident is 8.5.1998 and date of
death is 9.5.2002. As per the injury report marked under Ext.5, a
copy of which is produced by Mr. P.K. Mahali in course of
hearing, it reveals that the deceased sustained two abrasions of
size ½ cm x ½ cm and 3 cm x 2 cm on the left side face and right
knee respectively, which are simple injuries. It is seen from the
impugned judgment that the learned Tribunal has come to the
finding that the deceased sustained two grievous head injuries in
the accident, which is not found to be a fact on record.
6. Moreover, the medical papers under Ext.9 series, the copies
of which are produced by Mr. Mahali in course of hearing, do not
validate the finding of the Tribunal that the deceased died out of
such injuries sustained in the accident. It is also seen that neither
any post-mortem examination has been conducted over the dead
body of the deceased nor any material is brought to suggest
connection of sustenance of two simple injuries in the accident to
the treatment and death of the deceased in the hospital after four
years. Therefore, in absence of definite materials to connect the
cause of death with the nature of injuries sustained in the accident
as per the injury report under Ext.5, the contention of the insurer
is accepted to the effect that the death of the deceased does not
arise out of the motor vehicular accident dated 8.5.1998.
7. In the result, MACA No.1066 of 2012 is allowed and the
impugned judgment is set aside. The claimants are not entitled for
any compensation due to death of the deceased and MACA
No.957 of 2012 filed by the claimants is dismissed.
8. The statutory deposit made before this Court in MACA
No.1066 of 2012 with accrued interest thereon shall be refunded
to the Insurance Company.
9. The copies of the documents filed by Mr. Mahali are kept on
record.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
