Orissa High Court
Manjit Saran vs Sarat Chandra Behera And Another on 8 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.20 of 2020 & MACA No.560 of 2020
MACA No.20 of 2020
Manjit Saran .... Appellant
Mr.R.N.Pal, Advocate
-versus-
Sarat Chandra Behera and another .... Respondents
Mr.S.Nayak, Advocate for Respondent No.2
AND
MACA No.560 of 2020
The Divisional Manager,
National Insurance Co. Ltd. .... Appellant
Mr.S.Nayak, Advocate
-versus-
Manjit Saran and another .... Respondents
Mr.R.N.Pal, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
8.8.2023
Order No.
04. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Pal, learned counsel for the Insurer and
Mr.Nayak, learned counsel for the claimant.
3. Both the appeals being arise out of the same judgment
Signature Not Verified
Digitally Signed dated 22nd July, 2019 passed by the learned Member, 4th
Signed by: CHITTA RANJAN BISWAL
Designation: Secretary
Reason: Authentication M.A.C.T., Bhubaneswar in M.A.C.No.476 of 2004, wherein
Location: Orissa High Court, Cuttack
compensation to tune of Rs.5,00,000/- has been granted from the
date of filing of the claim application on account of injury
sustained by the claimant in the motor vehicular accident dated 7th
April 2004, are heard together and disposed of by this common
order.
4. MACA No.20 of 2020 has been filed by the claimant
praying for removal of ambiguity in the impugned award
regarding grant of interest from the date of filing of the claim
application.
5. MACA No.560 of 2020 has been filed by the Insurer
challenging the award questioning quantum of compensation.
6. Mr.Nayak, learned counsel for the Insurer submits that
grant of loss of future income to the extent of Rs.2,80,000/- is
erroneous since the permanent disability as per Ext.15 is valid for
three years only and progressive in nature. Further, no such
certificate showing continuation of the disability after three years
have been produced by the claimant.
7. Upon hearing both parties and considering the
submissions as well as all such grounds of challenge advanced in
both the appeals, and upon perusal of the evidences as well as the
exhibits produced in course of hearing, a reduced compensation
of Rs.3,50,000/- along with interest @6% per annum is proposed
to the parties in course of hearing. This is agreed by Mr.Pal,
learned counsel for the claimant. Mr.Nayak, learned counsel for
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
the Insurer leaves it to the discretion of the Court. As such, the
Designation: Secretary
Reason: Authentication amount is fixed to that extent.
Location: Orissa High Court, Cuttack
Date: 09-Aug-2023 17:48:49
8. In the result, both the appeals are disposed with a
direction to the Insurer to deposit a sum of Rs.3,50,000/- (Three
lakhs fifty thousand) along with interest @6% per annum before
the Tribunal from the date of filing of the claim application
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 fixed by the Tribunal. It goes without saying that
the right of recovery granted in favour of the Insurer is left
undisturbed.
9. Certified copies of evidences and exhibits produced by
Mr.Pal in course of hearing are kept on record.
10. The statutory deposit made by the Appellant in MACA
No.560 of 2020 along with accrued interest thereon be refunded
to him on proper application and on production of proof of
deposit of the award amount before the learned Tribunal.
11. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R.Biswal
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
