Sukanta Samal vs Eastern Carriers Amarpal Singh
2023 Latest Caselaw 6819 Ori

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        MACA No.807 of 2020

                                 (From the judgment dated 13th October, 2020 passed by learned 1st
                                 Addl. District Judge-cum- 1st M.A.C.T., Cuttack in M.A.C. Case
                                 No.871 of 2018)

                                  Sukanta Samal                          ....                  Appellant
                                                                       -versus-
                                  Eastern Carriers Amarpal Singh
                                  Sabharwal and Another          ....                      Respondents


                                 Advocate(s) appeared in this case:-

                                            For Appellant     :   Mr. Kalpataru Panigrahi, Advocate

                                            For Respondents   :   Mr. S. Dash on behalf of Mr. J.
                                                                  Mishra, counsel for Respondent No.2


                                               CORAM: JUSTICE B.P. ROUTRAY
                                                              JUDGMENT

1st June, 2023

B.P. Routray, J.

1. The injured - claimant has filed present appeal praying for

enhancement of compensation amount granted to him by learned 1st

A.D.J. - cum - 1st MACT, Cuttack in M.A.C. Case No.871 of 2018.

The tribunal by award dated 13th October, 2020 has determined the

compensation amount at Rs.17,33,000/-, payable along with interest @

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court,Cuttack Date: 02-Jun-2023 12:48:41 6% per annum with effect from the date of filing of the claim

application, i.e. 16th November, 2018.

2. The injured-claimant is aged about 38 years on the date of

accident and he suffered with amputation of leg. The disability

certificate has been proved under Ext.7. He was a driver by profession

and the driving licence has been proved under Ext.13. The treating

doctor, P.W.6, was examined by the claimant and stated that the

disability is 100% with permanent in nature. According to the injured -

Appellant, he was getting monthly salary of Rs.10,000/- as a driver

employed by the wife of P.W.4 and the salary slip has been produced

under Ext.16. But the tribunal has assessed the income of the deceased

at Rs.7000/- per month based on prevalent rate of minimum wages

prescribed by Government of Odisha for skilled labourer. This is the

subject matter of challenge advanced by the injured.

3. It is seen from the evidence of P.W.4 that the Appellant was

engaged as the driver of Maruti Suzuki Alto car registered in the name

of wife of said P.W.4. He has stated that the injured was paid with

Rs.10,000/- as salary per month along with food and free

accommodation. It is true that no rebuttal statement could be elicited

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court,Cuttack Date: 02-Jun-2023 12:48:41 from said P.W.4 in his cross-examination nor any other material

contrary to the same could be brought on record by the insurance

company. The statement of the injured regarding his income of

Rs.10,000/- per month as a driver has been corroborated by P.W.4 and

by production of Ext.16. Therefore no reason is seen on the part of the

tribunal to disbelieve such evidences adduced by the injured in support

of his income. The tribunal is not found justified in reducing the same

to Rs.7000/- per month at the minimum wage rate particularly in

absence of any evidence to the contrary. There being no further dispute

raised towards age of the injured, the applicable multiplier is found to

be '15'. Since the injured suffered with amputation of leg due to the

injuries and he was a driver by profession, the assessment of functional

disability to the extent of 100% as determined by the tribunal is

confirmed by this court. Accordingly loss of future income with

addition of future prospect to the extent of 40% is computed to

Rs.25,20,000/- against Rs.12,60,000/- determined by the tribunal. It

needs to be mentioned here that contention of the injured to receive

monthly salary of Rs.10,000/- as a driver is not uncommon in the place

at Cuttack where the injured resides and was employed. Further, the

tribunal while computing loss of future income has forgotten to add

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court,Cuttack Date: 02-Jun-2023 12:48:41 future prospect and it is no more res integra that in the matters of

personal injury resulting permanent disability future prospect is liable

to be added.

4. Thus the injured is found entitled for further sum of

Rs.12,60,000/- along with interest @ 6% per annum.

5. In the result the appeal is disposed of with a direction to the

insurer - Respondent No.2 to deposit a further compensation of

Rs.12,60,000/- (twelve lakhs sixty thousand) before the tribunal along

with interest @ 6% per annum from the date of filing of the claim

application, i.e. 16th November 2018, within a period of two months

from today, where-after the same shall be disbursed in favour of the

injured - claimant on such terms and proportion to be decided by the

learned tribunal.

(B.P. Routray) Judge

C.R.Biswal, Secy.

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court,Cuttack Date: 02-Jun-2023 12:48:41