Laxminaryan Dalei vs Saran Kumar Nayak And Another
2023 Latest Caselaw 2923 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.313 of 2019
                 Laxminaryan Dalei                          ....         Appellant
                                                        Mr. P.K. Mishra, Advocate
                                             -versus-
                 Saran Kumar Nayak and Another              ....       Respondents
                                     Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

6.4.2023 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the injured - claimant is directed against the impugned judgment dated 6th February, 2019 of learned 7th MACT, Bhubaneswar passed in MAC Case No.326 of 2015, wherein compensation to the tune of Rs.20,49,060/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 30th July, 2015 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 15th January, 2015.

4. It is submitted on behalf of the injured that he is 100% disable and in vegetative state. But the tribunal did not add any future prospect to the income of the deceased nor grant any amount towards loss of amenities, cost of future attendant charges and future medical expenses. It is further submitted that only Rs.50,000/- has been granted towards pain and suffering.

5. Accepting the income of the injured same as taken by the tribunal and considering all such submissions made on behalf of the Appellant and the fact that undisputedly the injured - claimant is in vegetative state, a further compensation of Rs.11 lakhs along with 6% interest is directed to be paid in favour of the claimants.

6. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further compensation of Rs.11,00,000/- (eleven lakhs) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 30th July, 2015, within a period of two months from today; where- after the same shall be disbursed in favour of the claimant-Appellant on such terms and proportion to be decided by the learned tribunal

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda