Partly allowed

Kabuli @ Agadhu v. Sun Graite Exports

Orissa HC8 Feb 2023MACA/393/2006

Case brief

AI extract

What is this about?

This appeal challenged the compensation awarded by the Motor Accidents Claims Tribunal for motor vehicular injuries. The court accepted liability with the insurance company and fixed the compensation amount at Rs.2,00,000/- based on a 40% permanent disability, directing deposit to the Tribunal.

What did the court decide?

The Insurance Company is directed to deposit Rs.2,00,000/- before the Tribunal within two months for disbursement to the claimant.

Kabuli @ Agadhu Vs Sun Graite Exports — Insurance | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.393 of 2006

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…. Kabuli @ Agadhu Charan Baliarsingh Appellant Mr. S. Bahadur, Advocate

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-versus-

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…. M/s.Sun Granite Exports Ltd. and Respondents another

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Mr. A.P. Das along with Mr. K.J. Praakash, Advocates for Respondent No.2

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

08.02.2023

Order No.

Heard Mr. S. Bahadur, learned counsel for the Appellantclaimant as well as Mr. A.P. Das, learned counsel along with Mr. K.J. Prakash, learned counsel for the Respondent No.2-Insurance Company.

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Present appeal by the claimant is directed against judgment dated 25.02.2006 of learned 5^th MACT, Khurda in M.A.C.T. Misc. Case No.52 of 2001, wherein learned Tribunal has granted compensation to the tune of Rs.10,000/- along with interest @6% per annum in favour of the claimant from the date of filing of the claim application, i.e. 6.8.2001 on account of injury sustained by him in the motor vehicular accident dated 8.1.2001.

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The claimant challenges the award on two grounds, firstly, the liability should be saddled on the insurance company and

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Page 1 of 3

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secondly, the compensation amount should be enhanced counting the pecuniary as well as non-pecuniary damages.

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So far as the liability on the part of the insurer is concerned, this Court by order dated 25.11.2022 has directed Respondent No.2 to file an affidavit. The insurer-Respondent No.2 in their affidavit dated 30.1.2023 has admitted about valid coverage of insurance policy of the offending vehicle on the date of accident. As such, no further discussion is required on the same.

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With regard to the quantum of compensation, it is seen that the learned Tribunal despite the oral evidence produced by the injured as well as the documents including the copies of Police papers, discharge certificate and disability certificate etc, did not compute the compensation amount as per the settled principles.

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The principles in a case of injured leading to permanent disability has been well settled in the case of Raj Kumar vs. Ajay Kumar and another, (2011) 1 SCC 343, and other subsequent decisions.

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In the present case as per the disability certificate under Ext.6 the permanent physical disability is to the extent of 40%. Further it is seen that the injured had undergone treatment as an indoor patient from 9.1.2001 to 21.1.2001 due to injuries, including fracture of leg, sustained by him in the accident. Keeping in view all such factors and the date of accident, without getting into detailed computation, a further consolidated amount of Rs.2,00,000/- (rupees two lakhs) is proposed to the parties. Mr.

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Page 2 of 3

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S. Bahadur, learned counsel for the claimant-Appellant agrees to the same and Mr. A.P. Das, learned counsel for Respondent No.2Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

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In the result, the Insurance Company is directed to deposit the further consolidated sum of Rs.2,00,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimant on such terms and proportions 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.P. Routray)
Judge

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B.K. Barik

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Kabuli @ Agadhu v. Sun Graite Exports

Case brief

What is this about?

What did the court decide?

Kabuli @ Agadhu v. Sun Graite Exports

Case brief

What is this about?

What did the court decide?

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