Prakash Charan Nayak vs Abdul Alim & Anr
2023 Latest Caselaw 10518 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Sep-2023 15:04:54




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.375 of 2022

                                 Prakash Charan Nayak                      ....         Appellant
                                                                      Mr.S.K.Mohanty, Advocate

                                                              -versus-

                                 Abdul Alim & Anr.                         ....       Respondents
                                                                           Mr.G.P.Dutta, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

31.08.2023 Order No.

05. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Mohanty, learned counsel for the Appellant and Mr. Dutta, learned counsel for the Respondent No.2.

3. Present appeal by the Claimant is directed against judgment dated 29th April, 2022 of 3rd Additional District Judge- cum-4th MACT, Cuttack in M.A.C. Case No.244 of 2011, wherein compensation to the tune of Rs.2,42,600/- 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 14th November, 2009.

4. Mr.Mohanty submits that the Tribunal has failed to count loss of future income due to the injuries sustained by the claimant resulting physical disability to the extent of 40%. As such, he prays for enhancement of compensation amount.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 15:04:54

5. Undisputedly, the injured was serving as a Gang leader in Railway Department and getting his monthly salary regularly. Though the physical disability certificate under Ext.8 speaks for physical disability to the extent of 40%, but the admitted position remains that the injured Claimant did not sustain any loss of salary due to such disability or service prospects thereof. As such, no merit is seen in the contention of Mr.Mohanty to add loss of future income to the compensation amount. The Tribunal has rightly discarded the same.

6. The Tribunal has granted compensation of Rs.30,000/- towards medical expenses, Rs.10,000/- towards conveyance and special diet, Rs.2,600/- towards attendant charges and Rs.2,00,000/- towards pain, suffering and loss of amenities. No infirmity is seen in such computation of compensation amount, which is accordingly confirmed by this Court.

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