Orissa High Court
Itishree Rout And Others vs Sarat Chandra Swain And Another on 25 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.34 of 2023
Itishree Rout and Others .... Petitioners
Mr. D.C. Dey, Advocate
-versus-
Sarat Chandra Swain and Another .... Opposite Parties
Mr. P.K. Mahali, counsel for Opposite Party No.2
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.4.2023
Order No.
04. 1. The matter is taken up through hybrid mode.
2. Heard Mr. D.C. Dey, learned counsel for the claimant -
Petitioner and Mr. P.K. Mahali, learned counsel for insurer - Opposite
Party No.2.
3. Initially, this court by order dated 30th March, 2022 disposed of
the appeal in MACA No.255 of 2019 confirming the award and
compensation amount granted by the tribunal. Challenging same the
claimant - Appellant approached Hon'ble Supreme Court in SLP
(Civil) No.35435 of 2022. The Supreme Court by order dated 20th
January, 2023 disposed of the appeal granting liberty to the claimant -
Petitioners to approach the High Court in a review petition. The
relevant portion of the order of the Supreme Court dated 20th January,
2023 is reproduced below:-
"xxxx xxxxx xxxxx
From the perusal of the impugned judgment and
order, we find force in the arguments advanced by the
learned counsel for the Petitioners.
We feel that no useful purpose would be served by
keeping this petition pending before this court. The interest
of justice would stand served if the petitioners are permitted
to file a review petition before the High Court seeking
consideration of their claim with respect to incidental
charges and expenses incurred in that regard during the
period from the date of accident till he expired.
Accordingly, we dispose of this special leave
petition giving liberty to petitioners to approach the High
Court with a review petition in this regard and with a
request to the high Court to consider and decide the same in
accordance with law expeditiously.
xxxxxx xxxxxxx xxxxxxxxx"
4. As seen from the above order, the scope of review is in respect
of the incidental charges and expenses incurred during the period from
the date of accident till the date of death of the deceased. The accident
took place on 16th January, 2014 and the deceased, namely Ranjan
Rout died on 31st May, 2017. He died in his residence.
5. This court called for the original LCR for perusal. As seen from
the documents produced on record, separate medicine bills were
produced by the injured in course of his examination as P.W.1.
According to the evidence of P.W.1, he was treated as indoor patient
from 16th January, 2014 to 22nd February, 2014 at Aswini Hospital,
Cuttack and from 8th August, 2014 to 13th August, 2014 at Regional
Spinal Injury Centre of SCB Medical College and Hospital, Cuttack.
The injured produced the discharge certificates issued by Aswini
Hospital and SCB Medical College and Hospital, Cuttack, three out-
patient slips, pathology reports of Aswini Hospital, CT Scan report,
MRI report and ECG report and bunch of medicine bills. He did not
say about any specific amount in his evidence towards ancillary
charges or expenses incurred by him after he was discharged from the
hospital. The tribunal has considered all such amounts mentioned in
the medicine bills produced by the injured to determine the medical
expenses at Rs.8,30,000/-.
6. In course of hearing in the present review petition, no such
document could also be produced by the claimants to reveal any
further expenses incurred by the injured towards ancillary charges and
expenses. However in absence of any document produced in respect
of such expenses, keeping in view the probable cost of attendant
charges, special diet, transportation cost etc incurred by the injured
during his period of treatment as an indoor patient and otherwise, a
further consolidated sum of Rs.2,00,000/-, in the opinion of this court,
would serve the purpose. The amount is determined keeping in view
the place of residence of the injured and that SCB Medical College is
a Government Hospital.
7. At this stage it is submitted at the Bar that in the meantime an
amount of Rs.42,60,700/- including interest has been paid and already
received by the claimants.
8. In the result, the review petition is disposed of with a direction
to the insurer - Appellant to deposit a further consolidated sum of
Rs.2,00,000/- (two laksh) before the tribunal within a period of two
months from today, where-after the same shall be disbursed in favour
of the claimants on such terms and proportion to be decided by
learned tribunal.
9. The original LCR be returned forthwith.
10. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
