Oriental Insurance Company Ltd vs Shivani Singh And Another
2023 Latest Caselaw 4073 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.622 of 2020

                Oriental Insurance Company Ltd.               ....         Appellant
                                                         Mrs. N. Mohanty, Advocate
                                              -versus-
                Shivani Singh and another              ....       Respondents
                                  Mr. P.S. Das, Advocate for Respondent No.2
            .



                            CORAM:
                            JUSTICE B. P. ROUTRAY

                                            ORDER

21.04.2023 Order No.

07. 1. Heard Mrs. N. Mohanty, learned counsel for the Appellant-

Insurance Company and Mr. P.S. Das, learned counsel for the Respondent No.2-owner. No one enters appearance for the injured-claimant despite valid service of notice.

3. Present appeal by the insurer is directed against the judgment dated 13.12.2019 of learned 4th M.A.C.T., Keonjhar in M.A.C. Case No.72/01 of 2017-13, wherein compensation to the tune of Rs.3,01,152/- has been granted along with simple interest @7% per annum to the claimant from the date of filing of the claim application, i.e. 02.01.2013 on account of injury sustained by her in the motor vehicular accident dated 25.09.2012.

4. Mrs. N. Mohanty, learned counsel submits for the Appellant- insurer that the offending vehicle did not have a valid permit on the date of accident. Mr. Das, learned counsel for the owner is unable to controvert the same with substance.

5. Next, on the question of quantification of compensation amount, as per the submission made on behalf of the insurer, the same has been counted on higher side by learned Tribunal. As per Mrs. Mohanty, the quantum of compensation should not exceed to Rs.2,00,000/-.

6. As seen from the impugned judgment, Rs.52,152/- has been granted towards medical expenses, Rs.9,000/- towards attendance charges, Rs.10,000/- for transportation, Rs.15,000/- towards conveyance and special diet, Rs.80,000/- for pain and suffering, Rs.80,000/- towards loss of amenities in life, Rs.25,000/- towards special diet and Rs.30,000/- for loss of education, thereby totaling to Rs.3,01,152/-.

7. The injured-claimant is a young girl aged about 16 years on the date of accident. She sustained multiple fracture injuries in her leg and was remained as indoor patient for around 10 days where operation and nailing was done. The injuries resulted in her disability to the extent of 45% as per the disability certificate under Ext.9. Perusal of copy of Ext.9 as produced by Mrs. Mohanty in course of hearing, it reveals that the injured sustained with deformity in the left ankle due to post fracture injury on left leg. As per oral evidence of the injured-claimant (P.W.1) adduced before learned Tribunal, she could not perform better in higher education though continued up-to Post Graduation without any interruption.

8. It is true that learned Tribunal while computing compensation under different counts have counted transportation charges and

amount towards special diet twice. But as seen from the impugned judgment, no amount has been awarded by learned Tribunal towards deformity and disfigurement of the injured despite she is a young woman. Admittedly, the claimant has not come for enhancement of the compensation amount. Nevertheless, considering all such factors, I am not inclined to reduce the amount of compensation as directed for payment by learned Tribunal. However, the rate of interest is reduced to 6%.

9. As stated earlier, in absence of permit of the offending vehicle, the insurer is entitled for getting right of recovery against the owner and the same is accordingly granted in favour of the insurer subject to grant of opportunity of hearing to the owner on this aspect.

10. In the result, the appeal is disposed of with a direction to the Appellant - Insurance Company to deposit the compensation amount of Rs.3,01,152/- before the Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 02.01.2013 within a period of two months from today, where- after the same shall be disbursed in favour of the claimant- Respondent No.1 on same terms and proportion as contained in the impugned judgment.

11. 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.

12. The copies of deposition and exhibits as produced by Mrs. Mohanty, learned counsel for the Appellant are kept on record.

13. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik