This order modified the compensation award by enhancing the loss of earning capacity from 60% to 100% due to a 65% neurocognitive disability, directing the insurer to deposit the enhanced total of Rs.30,99,873 with interest.
Enhanced compensation of Rs.30,99,873 directed to be deposited by the insurer with 6% interest from the date of claim filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.256 of 2019 And MACA No.350 of 2021
MACA No.256 of 2019 Chandramani Nanda …. Appellant Mr.D.C.Dey, Advocate
…. Appellant
-versus-
Sarat Chandra Swain and another …. Respondents Mr.P.K.Mahali, Advocate for Respondent No.2
Order No.
AND
MACA No.350 of 2021
The Sr. Divisional Manager (Legal),
M/s.National Insurance Co. Ltd. …. Appellant
Mr.P.K.Mahali, Advocate
-versus-
Chandramani Nanda and another …. Respondents
Mr.D.C.Dey, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
O R D E R
24.08.2022
I.A.No.796 of 2021
the orders passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020, delay in filing the appeal is condoned.
Page 1 of 6
way of e-Court fee.
MACA No.256 of 2019 And MACA No.350 of 2021
5. Heard Mr.Dey, learned counsel for the injured-claimant and
Mr.Mahali, learned counsel for the Insurer.
6. As per the order dated 30th March, 2022, the injured-claimant
was produced before the Medical Board and the report of the Medical Board dated 17th June, 2022 produced by the Mr. K.K.
Das, learned Additional Standing Counsel for the State is kept on record. As per the said report, the injured-claimant is persisting neurocognitive disability to the extent of 65%.
3rd M.A.C.T., Cuttack in M.A.C.Case No.176 of 2014, wherein compensation to tune of Rs.20,60,385/- along with interest @6%
per annum has been granted from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident dated 16th January, 2014.
claimant for enhancement of the compensation amount. MACA
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No.350 of 2021 has been filed by the Insurer challenging the award.
Loss of future income Rs.15,59,232.00 Past medical expenditure including cost of medicine, special diet & the attendant Rs. 3,51,153.00
Mental agony, pain, suffering and loss of amenities Rs. 50,000.00 Future medical expenses Rs. 1,00,000.00
Total Rs.20,60,385.00
income of the injured at a higher side though as per the evidence
of P.W.4, Dipti Ranjan Pattnaik, who is the owner of the
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company, the injured was receiving Rs.5,000/- to 7,000/- per month. In order to examine such contention raised on behalf of the insurer, perusal of deposition of said P.W.4, a copy of which is produced in course of hearing, reveals that there was no specific statement given by said P.W.4 with regard to remuneration of present injured-claimant. It is seen that said P.W.4 has stated that the Branch Manager was receiving Rs.15,000/- per month and other employees were receiving Rs.5,000/- to Rs.7,000/-. Therefore the statement of said P.W.4 is
not specific in respect of any remuneration given to the injuredclaimant. On the other hand, the claimant produced his I.T. return
for the assessment year 2010-2011 to reveal his income of Rs.1,62,420/-. It is further deposed by his mother that the injured was getting salary of Rs.22,000/- per month which is also supported in the examination of chief of P.W.4, Dipti Ranjan
Pattnaik. However, the Tribunal disbelieving such contentions made by P.Ws.3 & 4 has accepted the amount mentioned in the I.T. return filed on behalf of the claimant. As such no flaw is seen
in the approach of the Tribunal determining the annual income of the claimant at Rs.1,62,420/- in terms of copy of the I.T. return filed under Ext.16. Therefore the contention of Mr.Mahali on
behalf of the Insurer to reduce the same is rejected.
Page 4 of 6
future loss of earning capacity upto 60% by the Tribunal is erroneous in view of nature of disability sustained by the claimant.
Page 5 of 6
within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal. However, the direction for payment of default interest is waived.
No.350 of 2021 with accrued interest thereon be refunded to him
on proper application and on production of proof of deposit of the
award amount before the learned Tribunal.
C.R.Biswal
15+. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
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2 issues framed by the court
Whether the Tribunal's assessment of 60% loss of future earning capacity was erroneous given 65% neurocognitive disability?
Whether the insurance company must deposit the enhanced compensation award determined by this Court?
1 provisions across 1 enactments
Chandramani Nanda
Sarat Chandra Swain
National Insurance Co. Ltd.
Chandramani Nanda
B. P. ROUTRAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
