Orissa High Court
Sanjib Kumar Biswas vs Ajay Kumar Xaxa & Anr on 27 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.642 of 2022
Sanjib Kumar Biswas .... Appellant
Mr.S.Panda, Advocate
-versus-
Ajay Kumar Xaxa & Anr. .... Respondents
Mr.A.A.Khan, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
27.04.2023
Order No.
3. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Panda, learned counsel for the Appellant &
Mr.Khan, learned counsel for the Insurer-Respondent No.2.
3. Present appeal by the claimant is directed against
judgment dated 23rd August, 2022 of 2nd MACT, Sambalpur in
M.A.C. Case No.121 of 2013, wherein compensation to the tune
of Rs.5,90,776/- has been granted along with interest @6% per
annum with effect from the date of filing of the claim application
on account of injury sustained by the Claimant in the motor
vehicular accident on 15th April, 2010.
4. The challenge for enhancement of compensation
amount is confined to loss of future earning capacity. Mr.Panda,
learned counsel for the Appellant submits that due to the injuries
and disablement, he was compelled to seek premature retirement
from service and thereby sustained loss of income.
5. The Tribunal has dealt with said contention of the
injured at Paragarph-18. The same is reproduced below:-
18. As per petitioner (P.W.1), he was completely bed
ridden due to the injuries out of the accident and was
unable to complete his tenure in service for which he had
lost his earning to the tune of Rs.60,67,306/-. I have
already discussed the evidence of P.W.1 who has
admitted that he has not obtained any disability
certificate from any competent authority. Therefore,
there is no material for computation of his future loss of
income. The evidence of P.W.1 that he was compelled to
retire much prior to his age of superannuation is not
supported by any document. On the other hand, Ext.10
reveals that P.W.1 is given early retirement from service
of the company in a special case on his request and
persuasion. Further, the company has assured to provide
superannuation benefit to him as per the rules
application. In that view of the matter, the loss of earning
of P.W.1 is to be calculated by taking in to consideration,
the period of his treatment and the salary he could have
got during that period. It is available on record that
P.W.1 was under the treatment for four months i.e. from
15.4.2010 to 15.8.2010. The salary certificate of P.W.1
which is marked as Ext.9 reveals that he was getting
Rs.97,694/- per month. Hence, the loss of earning of
P.W.1 during that period is Rs. 97,694 x 4= Rs.3,90,776.
Therefore, the petitioner is entitled to Rs.3,90,776/-
towards loss of earning.
6. Admittedly, no disability certificate or documents to
justify sustenance of any disability by the injured due to the
injuries in the accident, have been either produced before the
Tribunal or even before this Court. No medical expert has been
examined by the injured to opine about any disability sustained
by him resulting premature retirement from service. Under such
circumstances, the conclusion derived by the Tribunal cannot be
faulted with and this Court confirms said conclusion of the
Tribunal.
7. In the result, the appeal is dismissed.
8. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
S.Das
