Rina Rani Mallick vs Susim Kanti Mohanty And Another
2023 Latest Caselaw 9678 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.412 of 2022
                                 Rina Rani Mallick                        ....          Appellant
                                                                         Mr. D.C. Dey, Advocate
                                                          -versus-
                                 Susim Kanti Mohanty and another      ....       Respondents
                                                Mr. A.A. Khan, Advocate for Respondent No.2
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

21.08.2023 Order No.

07. 1. Heard Mr. D.C. Dey, learned counsel for the Appellant-

claimant and Mr. A.A. Khan, learned counsel for Respondent No.2-Insurance Company.

2. Present appeal by the Appellant-claimant is directed against the judgment dated 13.07.2022 of learned 3rd MACT, Cuttack in M.A.C. Case No.503 of 2017, wherein the learned Tribunal has granted compensation to the tune of Rs.20,03,328/- along with simple interest @6% per annum to the claimant from the date of filing of the claim application, i.e. 19.07.2017 on account of injury sustained in the motor vehicular accident dated 07.06.2017.

3. The injured is a minor girl aged about four years on the date of accident. She sustained amputation of right leg at ankle level. The learned Tribunal has granted compensation on the following counts:-

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2023 18:16:22 Sl. No. Heads Amount

(i) Expenses relating to medical expenses. Rs.1,55,554/-

(ii) Compensation on account of future Rs. 50,000/-

treatment.

(iii) Attendant charges. Rs. 10,000/-

(iv) Pain, suffering, loss of amenities. Rs.5,00,000/-

(v) Loss of marriage prospects. Rs.2,00,000/-

(vi) Conveyance and special diet. Rs. 20,000/-

(vii) Loss of future earnings. Rs.10,67,774/-

Total Compensation Rs.20,03,328/-

4. Upon hearing both the parties and keeping in view the fact that the injured is a minor girl child, who sustained permanent disability with amputation of leg and the socio-economic background of her parents, a further consolidated sum of Rs.7,00,000/- (rupees seven lakhs) is directed in her favour. While directing so, this Court has also kept in mind the inadequate amounts granted towards future medical treatment and attendant charges so also the amounts granted on other heads. The compensation amount is accordingly fixed to that extent.

5. The Insurance Company is directed to deposit the further consolidated sum of Rs.7,00,000/- (rupees seven lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant-Appellant on such terms and proportion to be fixed by the learned Tribunal.

6. The MACA is disposed of.

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

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2023 18:16:22