Mubarak Khan (Since Dead) Through vs Mrs. Pramila Parida And Others
2023 Latest Caselaw 5504 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1141 of 2006

                 Mubarak Khan (since dead) through     ....          Appellant
                 his LRs.
                                                  Mr. K. Panigrahi, Advocate
                                            -versus-
                 Mrs. Pramila Parida and Others            ....       Respondents
                                 Mr. G.P. Dutta, counsel for Respondent No.3
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

9.5.2023 Order No.

10. 1. The matter is taken up through hybrid mode.

2. Heard Mr. K. Panigrahi, learned counsel for the injured - claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.3.

3. Present appeal by the claimant - Appellant is directed against the impugned judgment dated 16th October, 2006 of learned 5th MACT, Khurda passed in Misc. Case No.18 of 2003, wherein compensation to the tune of Rs.60,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 15th March, 2003 has been granted on account of injuries sustained by the injured

- claimant in the motor vehicular accident dated 14th January, 2003.

4. Mr. Panigrahi submits that the injured - claimant died in the meantime on 4th April, 2009 during pendency of the appeal and he has been substituted by his wife and daughter.

5. Law is well settled that upon death of the injured the LRs of the injured are not entitled for non-pecuniary damages. In the present case according to the evidence of the injured he remained in hospital for a period of 10 days as an indoor patient and sustained amputation of right leg below the knee due to the injuries. Accordingly, considering the medical expenses as per Ext.9, 10 and 11 series and the probable actual loss of income, a further consolidated sum of Rs.1,00,000/- is granted to the claimants on the aspect pecuniary damages only.

6. In the result the appeal is disposed of with a direction to the insurer - Respondent No.3 to deposit a further consolidated sum of Rs.1,00,000/- (one lakh) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the substituted claimants, namely Johari Bibi and Rahatun Bibi on such terms and proportion to be decided by learned tribunal.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Digitally signed by MANAS KUMAR MANAS KUMAR PANDA PANDA Date: 2023.05.11 17:48:28 +05'30'