Partly allowed

Bipin Bihari Sethi v. B.Varma and Sons

Orissa HC25 Sept 2019MACA/385/2004

Case brief

AI extract

What is this about?

This is an appeal against a Motor Accident Compensation Tribunal award. The higher court enhanced the original compensation award from Rs.12,000 to Rs.25,000 based on evidence of seven injuries and hospitalization, directing the insurance company to deposit the additional amount.

What did the court decide?

The claimant-appellant is awarded an additional consolidated compensation of Rs.25,000 payable by the Insurance Company.

Bipin Bihari Sethi Vs B.Varma and Sons — Motor Accident Claims | Orissa HC (2019)

¶1

MACA NO.385 OF 2004

¶2

25.09.2019 Heard learned counsel for the parties.

¶3

This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) filed by the claimant-appellant is directed against judgment and award dated 21.04.2004 passed by the learned Additional District Judge-cum-5th MACT, Kendrapada in MAC Case No.9 of 2002.

¶4

The short fact leading to filing the instant appeal is that accident in question took place on 07.06.2002, while the claimant-appellant was going on the ParadeepCuttack Road, a car bearing registration No.OR-02-S1474 came in high speed and dashed him, as a result of which he sustained injuries and treated at Kendrapada hospital and spent Rs.5,000/-. He was earning Rs.3,000/- per month. But due to accident he became unable to earn his livelihood. The vehicle being duly insured and the driver having valid driving licence, as the offending vehicle was being driven in rash and negligent manner, claim petition was filed claiming compensation of Rs.1,00,000/- against the owner of the vehicle as well as the Insurance Company.

¶5

Learned Tribunal having gone through the evidence on record in threadbare has come to the finding that the claimant is entitled to Rs.12,000/- and the Insurance Company is liable to pay the same.

¶6

Having heard learned counsel for the parties an on perusal of record, more particularly the impugned

¶7

¶8

judgment and award, this Court is inclined to modify the award for the reason that although no document was filed with regard to treatment, but looking at the materials available on record, which reveal the claimantappellant had suffered as many as seven injuries, out of which one being severe in nature and he was to put in plaster and had to be an indoor patient in Kendrapada District Headquarters Hospital for thirteen days.

¶9

In that view of the matter, this Court feels that a further consolidated amount of Rs.25,000/- would be just and proper compensation in the facts and circumstances of the case and the respondent-Insurance Company is liable to pay the same.

¶10

Accordingly, this Court directs the respondentInsurance Company to deposit a further consolidated amount of Rs.25,000/- (rupees twenty-five thousand) before the learned Tribunal within a period of eight weeks hence, which shall be released in favour of the claimant– appellant forthwith on proper identification and payment of requisite fees.

¶11

The appeal is allowed to the extent indicated

¶12

above.

¶13

LCR be sent back immediately.

¶14

Issue urgent certified copy of the order on proper application.

¶15

.................................

¶16

Bipin Bihari Sethi v. B.Varma and Sons

Case brief

What is this about?

What did the court decide?

Bipin Bihari Sethi v. B.Varma and Sons

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Case details

Similar cases

Judhistir Naik Vs Atul Krushna Mishra

R.D.,E.S.I.C. Vs Pankaja Enterprises

Sanat Dash@Sarat Ku. Vs D.M.,N.I.a.Co.Ltd.

D.M,Oriental Ins.Co. Vs Jay Ch. Rana

Subash Ch.Swain Vs State

O.I.Co.Ltd Vs Ram Lakhan Keshri