Director Of Interim Test Range (Itr) vs Mukesh Kumar Das
2025 Latest Caselaw 5211 Ori

Orissa High Court

Director Of Interim Test Range (Itr) vs Mukesh Kumar Das on 21 March, 2025

Author: V. Narasingh

Bench: V. Narasingh

                                       1




                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.998 of 2016

            Director of Interim Test Range (ITR),
            Balasore                                      ...          Appellant
                                                          Mr. B. Maharana,
                                                          Senior Panel Counsel

                                           -versus-

            Mukesh Kumar Das                          ...               Respondent
                                                              Mr. D. Patnaik, Adv.


                         CORAM:
                         JUSTICE V. NARASINGH
                                   ORDER

21.03.2025 Order No.

07. Misc. Case No.1960 of 2016

1. Heard Mr. Maharana, learned Senior Panel Counsel for the Appellant and Mr. Patnaik, learned counsel for the Respondent.

2. Taking into account the recitals in the Misc. Case and the grounds advanced therein and keeping in view the delay in receipt of the judgment and on consideration of the objection filed, this Court feels that sufficient ground has been made out for condonation of delay in filing the MACA.

3. Accordingly, the delay in filing the MACA is condoned.

4. Misc. Case is disposed of.

(V.Narasingh) Judge

08. 1. Heard Mr. Maharana, learned Senior Panel Counsel for the Appellant and Mr. Patnaik, learned counsel for the Respondent.

2. Respondent as Claimant filed MAC Case No.44/209 of 2014-13 claiming compensation of Rs.8 lakhs on account of injury suffered in an accident on 9.1.2013 caused by a vehicle (loaded Trailer) which belongs to the Respondent-Claimant.

In response to the notice issued by the learned Tribunal, Opposite Party-Appellant herein appeared and resisted the claim and on the pleadings of the parties following issues were framed:

"I. Whether the accident took place on 09.01.2013 at atbout 8 P.M near the Central School Chhak, Balasore under Sahadevkhunta Police Station, Dist.-Balasore due to the rash and negligent driving of the driver of the loaded Trailer bearing registration number 875/1318AK causing injuries upon the Petitioner?

II. Whether the Petitioner is entitled to get any compensation and if yes from whom? III. To what other relief the Petitioner is entitled to?"

The Claimant-Respondent examined himself as P.W.1 and exhibited 17 documents. Ext.7 is the discharge ticket of Kalinga Hospital, Ext.8 is the discharge ticket of DHH, Balasore and Ext.17 is the Medicine Bill which are of significance. No oral or documentary evidence was adduced on behalf of the Appellant-Opposite Party.

Considering the medical expenses which were on record on the basis of Ext.11 series and Ext.17 series the compensation was quantified on the following counts:

(i) Loss due to the injuries including fracture Rs.50,000.00

(ii) Medical expenditures Rs.2,87,500.00

(iii) Loss of income during the period of treatment and Rs.20,000.00 subsequent thereto

(iv) Nutrition, diet during the period of treatment Rs.20,000.00

(v) Conveyance Rs.5,000.00

(vi) Attendant charges during hospitalization for about Rs.17,000.00 34 days at the rate of Rs.500/- per day

(vii) Future treatment Rs.20,000.00

(viii) Pain, suffering and mental agony Rs.20,000.00 Total Rs.4,39,500.00

Learned Tribunal directed payment of such compensation with interest at the rate of 7.5% from the date of presentation of the claim application i.e. from 29.06.2013.

3. Learned counsel for the Appellant submitted that the quantification of compensation is based on surmises and conjectures and since the Respondent admittedly did not suffer any permanent disability the quantification of compensation is exorbitant and does not quantify as just and as such the impugned award is liable to be set aside and modified.

4. Learned counsel for the Respondent-Claimant supports the award and submits that the case at hand does not merit interference.

5. On a conspectus of the materials on record this Court is of the considered view that the quantification, taking into account the bills cannot be interfered with but applying the doctrine of just compensation reducing the compensation to Rs.4,00,000/- (rupees four lakhs) with interest at the rate of 7% per annum from the date of filing of the claim application till the date of payment keeping in view the amount awarded on account of attendant charges and future treatment would subserve the ends of justice and doctrine of just compensation and accordingly it is so directed.

The amount of compensation is modified and reduced to Rs.4,00,000/- (rupees four lakhs) only

with interest @ 7% from the date of filing of the claim application.

6. Learned M.A.C.T-IV, Balasore, is called upon to disburse the aforesaid agreed amount as per the award to the Claimant. The awarded amount shall be deposited before the learned M.A.C.T-IV, Balasore, within a period of three months from the date of receipt/production of this order.

7. On production of proof regarding deposit of the modified amount before the Tribunal along with interest, the statutory deposit along with accrued interest be refunded to the Appellant on proper application.

8. The MACA is accordingly disposed of.

(V.Narasingh) Judge

PKS

Signed by: PRADEEP KUMAR SWAIN

Location: Orissa High Court, Cuttack Date: 25-Mar-2025 17:06:55