Allowed

Prafulla Kumar Das v. Darshan Das

Orissa HC17 Aug 2022MACA/117/2021

Case brief

AI extract

What is this about?

The High Court of Odisha allowed the appeal against the Motor Accident Claims Tribunal's award. Finding no fault in the Tribunal's reasoning but considering the injuries and treatment period of the claimant, it directed the insurer to pay an additional consolidated sum of Rs. 25,000.

What did the court decide?

The Insurer-Respondent No.2 is directed to pay an additional consolidated sum of Rs. 25,000 to the Appellant within two months.

Prafulla Kumar Das Vs Darshan Das — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.117 of 2021

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Prafulla Kumar Das Appellant

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Mr.Karunakar Das, Advocate

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-versus-

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Darshan Das and another …. Respondents

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

17.8.2022

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Das, learned counsel for the Appellant.

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None appears for the Respondents on call.

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Present appeal by the injured-claimant is against the judgment dated 15^th December, 2020 of the Second Motor Accident Claims Tribunal, Cuttack in Misc.Case No.280 of 2013, wherein compensation to the tune of Rs.1,60,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injuries sustained by the injured-claimant in the motor vehicular accident on 15^th February, 2013.

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No one appears on call for the Insurer despite a set of names of the lawyers is indicated in the list.

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It is contended on behalf of Mr.Das, learned counsel for the Appellant that the Tribunal has granted less compensation under the head of hospitalization cost and pain and suffering.

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Page 1 of 2

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Perusal of the impugned judgment reveals that the Tribunal has granted Rs.80,000/- towards hospitalization cost, Rs.11,000/towards attendance cost, Rs.36,000/- towards pain and suffering and another Rs.3,000/- towards transportation cost.

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On perusal of the impugned judgment and analysis of the reasons under such heads as discussed by the Tribunal do not reveal any fault in the same. However, considering the nature of injuries sustained by the claimant-Appellant and the period of treatment undergone by him, the Insurer-Respondent No.2 i.e., M/s.Oriental Insurance Co. Ltd. is directed to pay further consolidated sum of Rs.25,000/-(Twenty five thousand) to the Appellant within a period of two months from today.

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The appeal is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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C.R.Biswal

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Page 2 of 2

Prafulla Kumar Das v. Darshan Das

Case brief

What is this about?

What did the court decide?

Prafulla Kumar Das v. Darshan Das

Case brief

What is this about?

What did the court decide?

What the court decided

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