Orissa High Court
The New India Assurance Co.Ltd vs Satyanarayan Behera & Anr on 17 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:05
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1052 of 2013 & MACA No.245 of 2014
MACA No. 1052 of 2013
The New India Assurance Co.Ltd. .... Appellant
Mr. S.E.Haque, Advocate
-versus-
Satyanarayan Behera & Anr. .... Respondents
Mr.B.K.Rout, Advocate for Respondents
MACA No.245 of 2014
Satyanarayan Behera & Anr. .... Appellant
Mr.B.K.Rout, Advocate
-versus-
Santilata Prusty & Anr. .... Respondents
Mr. S.E.Haque, Advocate
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
17.07.2023
Order No.
11. 1. The matter is taken up through hybrid mode.
2. Heard Mr.Haque, learned counsel for the Appellants and
Mr.Rout, learned counsel for the claimant-Respondents.
3. Both the appeals being arise out of the same judgment dated
30th September 2013 passed by Additional District Judge-cum-4th
Motor Accident Claims Tribunal, Mayurbhanj in MAC Case No.
125/92 of 2011-10, wherein compensation to the tune of
Rs.14,29,850/- was granted along with interest @ 6 % per annum to
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Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:05
the claimants from the date of filing of the claim application on
account of injury sustained by the claimant in the motor vehicular
accident on 25th January 2010, are heard together and disposed of by
this common order.
4. MACA No. 1052 of 2013 has been filed by the Insurer stating
that the injured did not file any documentary evidence to establish that
he was a passenger of the offending Bus at the time of accident and as
such, the Insurer disowns his liability to pay the compensation.
5. In MACA No. 245 of 2014, the injured Claimant has prayed for
enhancement of compensation amount by increasing the extent of
functional disability.
6. The contentions raised on behalf of the Insurer is rejected
outright since the police have submitted the charge-sheet against the
driver of the offending vehicle stating its involvement in the accident.
The injured Claimant has also filed several medical documents in
support of his oral evidence to describe his injuries sustained in the
accident.
7. In respect of the submissions made by the injured claimant for
enhancement of compensation amount, it is seen that the injured
sustained permanent disability to the extent of 40% as a result of the
accident. Keeping in view his condition as described in the discharge
certificate and the extent of permanent disability, the Tribunal counted
functional disability to the extent of 40% and accordingly computed
loss of future earning to the extent of Rs.8,05,896/-. The same is seen
just and appropriate. The Tribunal has also granted compensation on
all such other heads making the total compensation to the tune of
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:05
Rs.14,29,850/-. On perusal of the impugned judgment no reason is
found to interfere with the same.
8. In the result, both the appeals are dismissed and the Insurer
i.e. New India Assurance Co.Ltd. is directed to deposit the entire
compensation amount along with interest as directed by the
Tribunal with effect 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 claimant on same terms and
proportion to be fixed by the Tribunal.
9. On deposit of the award amount before learned Tribunal and
filing of a receipt evidencing the deposit with a refund application
before this Court, the statutory deposit made in MACA No. 1052 of
2013 before this Court with accrued interest thereon shall be
refunded to the Appellant-Insurance Company.
10. Urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
S.Das
