Allowed

Ajaya Ku.Das v. Achutananda Mishra

Orissa HC24 Jul 2023MACA/110/2017

Case brief

AI extract

What is this about?

This order allowed an appeal against a Motor Accidents Claims Tribunal judgment. The court held that an injured former BSF Head Constable with 60% disability is entitled to additional compensation for loss of income, rejecting the insurer's objection regarding his VRS application date. The court directed the insurer to deposit an additional Rs. 8,91,660 with interest.

What did the court decide?

Directed Respondent No.2 to deposit additional sum of Rs. 8,91,660 along with interest @6% per annum from 17.11.2006.

Ajaya Ku.Das Vs Achutananda Mishra — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.110 of 2017

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Ajay Kumar Das

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…. Appellant Mr. B. Singh, Advocate

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-versus-

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…. Respondents Mr. S. Roy, Advocate for Respondent No.2

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Achutananda Mishra and another

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

24.07.2023

Order No.

Heard Mr. B. Singh, learned counsel for the Appellantclaimant & Mr. S. Roy, learned counsel for the Respondent No.2Insurance Company.

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Present appeal by the Appellant-claimant is directed against the judgment dated 3.10.2016 of learned 1^st MACT, Kendrapara in M.A.C. No.34 of 2006, wherein the learned Tribunal has granted compensation to the tune of Rs.1,29,400/- along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e.17.11.2006 on account of injury sustained by him in the motor vehicular accident dated 02.02.2006.

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Mr. B. Singh, learned counsel for the Appellant submits that the Tribunal has failed to grant compensation towards loss of income.

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Admittedly, the Tribunal did not count any loss of income despite sustenance of 60% permanent disability by the injured-

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Signature Not Verified

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Page 1 of 3

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2023 17:24:04

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claimant. Ext.10 is the Disability Certificate granted by the District Medical Board of Kendrapara that speaks sustenance of 60% disability due to hemi-plegia and no doubt is raised on its genuinity.

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The accident took place on 2.2.2006 and the injured-claimant was 44 years old on the date of accident. The admitted fact remains that the injured-claimant was serving as Head Constable in the Directorate of Border Security Force (BSF). He took VRS, w.e.f. 30.4.2006 and as per the salary certificates marked under Ext.11 series, he was getting monthly salary of Rs.8166/- in June, 2005. He did not file any document to reveal his last salary immediately before the date of accident. It is his contention that due to such physical disability sustained in the accident, he took voluntary retirement from service. The nature of disability also makes him unfit to continue in armed forces. Therefore, taking note of the nature and extent of physical disablement and his employment as an armed personnel in BSF, the functional disability is computed at hundred per-centum. Counting his monthly income as a BSF personnel with addition of future prospect to the extent of 30%, the loss of income comes to Rs.17,83,320/-.

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Mr. S.Roy, learned counsel for the insurer-Respondent No.2 submits that since the Appellant-injured had applied for VRS prior to the date of accident, he is not entitled for any loss of income. But such objection raised by the Insurance Company is found unsustainable for the reason that whatever may be the date of application of VRS was, the admitted fact remains that the

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Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2023 17:24:04

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Page 2 of 3

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application for VRS of the injured was accepted much after the accident w.e.f. 30.4.2006. It is to be noted here that the date of VRS is to be counted from the date of its acceptance irrespective of the date of application.

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It is admitted that the injured-claimant is getting his pension after his retirement from service. Accordingly, the loss of income is reduced by 50% which comes to Rs.8,91,660/-. The injuredclaimant is thus found entitled for further sum of Rs.8,91,660/along with interest @6% per annum.

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In the result, the appeal is disposed of with a direction to the Respondent No.2-Oriental Insurance Co. Ltd. to deposit the further sum of Rs.8,91,660/- before the learned Tribunal along with interest @6% per annum from the date of filing of the claim application, i.e. 17.11.2006, which shall be disbursed to the claimant-injured on such terms and proportion to be decided by the learned Tribunal.

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The MACA is disposed of.

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An urgent certified copy of this order be granted on proper application.

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B.K. Barik

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Signature Not Verified

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Page 3 of 3

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2023 17:24:04

Ajaya Ku.Das v. Achutananda Mishra

Case brief

What is this about?

What did the court decide?

Ajaya Ku.Das v. Achutananda Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

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