Orissa High Court
[email protected] Khan vs Bhramarbar Biswal And Another on 10 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.407 of 2021
(From the judgment dated 4th May, 2021 passed by the learned 1st
M.A.C.T., Jajpur in M.A.C. Case No.22 of 2015)
[email protected] Khan .... Appellant
-versus-
Bhramarbar Biswal and another .... Respondents
Advocate(s) appeared in this case:-
For Appellant : Mr. P.K. Mishra, Advocate
For Respondents : Mr. S.K. Dash, Advocate
For Respondent No.2
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
10th March, 2023
B.P. Routray, J.
1. Present appeal by the claimant is directed against judgment
dated 04.05.2021 of learned 1st MACT, Jajpur in M.A.C. Case No.22
of 2015, wherein learned Tribunal has granted compensation to the
tune of Rs.8,00,000/- along with interest @6% per annum in favour of
the claimant from the date of filing of the claim application,
i.e.12.02.2015 on account of injury sustained by him in the motor
vehicular accident dated 22.09.2014.
2. The entire challenge is regarding quantification of the
compensation amount. The factum of accident and liability as well as
permanent disability to the extent of 60% due to amputation of right
leg remains undisputed.
3. According to the injured, he was working as the Factory
Manager in Om Sai Bakery and earning Rs.10,000/- per month. But
learned Tribunal disbelieved his income in absence of any document
produced in support of the same. Learned Tribunal assessed his income
at Rs.4000/- per month only on guess work. No justification is seen in
such approach of learned Tribunal to reduce the income of the injured
at Rs.4000/- only. It is true that neither any document could be
produced by the injured in support of his income nor he could examine
any independent witness in support of his employment and income. In
such situation, it would be apt to refer the rate of minimum wages. As
per Notification No.1942, dated 6.10.2012 of the Government of
Odisha in Labour & ESI Department, Rs.190/- per day was prevalent
on the date of accident in respect of a skilled labourer. Considering the
same and statement of the injured that he was working as Manager in a
Bakery factory and his place of residence, his monthly income is
assessed at Rs.6000/-.
4. It is seen that the injured suffered with amputation of right leg
below the knee due to the injuries in the accident. This part remains
undisputed. In Raj Kumar vs. Ajay Kumar and another, (2011) 1 SCC
343, the Supreme Court have observed about requirement to assess the
effect of permanent disability on the earning capacity of the injured in
terms of percentage in the income. Here in the present case the injured
was working as Manager of a bakery factory and his income has been
determined in terms of the wage of a skilled labourer. So considering
all such factors, such disablement, in the opinion of this Court, would
affect his income to the extent of 75%. Accordingly, functional
disability is assessed to the extent of 75%.
5. As discussed earlier, the income of the deceased is assessed at
Rs.6000/- per month. Accordingly, the loss of future income is
computed to Rs.12,85,200/- including future prospects to the extent of
40%. It is further seen that learned Tribunal has granted only
Rs.75,000/- towards treatment expenses, attendant cost and all other
counts. Such underrated computation made by the Tribunal is
disapproved by this Court. Considering the nature of injuries and his
period of treatment as indoor patient (around 25 days), a sum of
Rs.1,00,000/- is granted towards treatment expenses. The injured is a
young boy aged about 26 years. As such, considering future amenities
and prospects and life, a sum of Rs.2,00,000/- is granted for the same.
A sum of Rs.50,000/- is granted towards attendants cost, including
future attendants cost. A further sum of Rs.50,000/- is granted towards
actual loss of income and another sum of Rs.1,00,000/- towards future
medical expenses including cost of prosthetic limb. Accordingly, the
total compensation amount is enhanced to Rs.17,85,200/-, payable
along with @6% per annum.
6. At this stage, it is submitted that a sum of Rs.8,00,000/- along
with interest @6% per annum as directed by the learned Tribunal have
already been disbursed to the injured.
7. Accordingly, Respondent No.2 - New India Assurance
Company Limited is directed to deposit the balance amount along with
interest @6% per annum from the date of filing of the claim
application, i.e. 12.02.2015 before the Tribunal within a period of two
months from today; where-after the same shall be disbursed to the
claimant-Appellant on such terms and proportions to be decided by
learned Tribunal.
8. With the aforesaid directions, the MACA is disposed of.
(B.P. Routray)
Judge
B.K. Barik/Secretary
