Allowed

Dusasan @Dusmanta v. Ashok Ku.Prasad

Orissa HC6 Feb 2023MACA/616/2008

Case brief

AI extract

What is this about?

This single-judge Court of Orissa allowed the appellant's appeal under Section 149 of the Motor Vehicles Act, directing the respondents to deposit an additional sum of Rs.1,50,000/- by considering the appellant's permanent disability enhanced to 60%. The Court determined a notional income to enhance the earlier compensation of Rs.90,000/-.

What did the court decide?

Direct respondents to deposit Rs.1,50,000/- for further consolidated compensation within two months.

Dusasan @Dusmanta Vs Ashok Ku.Prasad — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.616 of 2008

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Dusasan @ Dusmanta Samal

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…. Appellant Mr. A.S. Nandy, Advocate

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-versus-

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Ashok Kumar Prasad and another …. Respondents Mr. S. Satapathy, Advocate for Respondent No.2

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

06.02.2023

Order No.

Heard Mr. A.S. Nandy, learned counsel for the Appellantclaimant as well as Mr. S. Satapathy, learned counsel for Respondent No.2-Insurance Company.

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Present appeal by the Appellant-claimant is directed against judgment dated 22.02.2008 of the learned 2^nd MACT, Northern Division, Sambalpur in Misc.(A) Case No.129 of 1995 (D), wherein learned Tribunal has granted compensation to the tune of Rs.90,000/- along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e.26.6.1995 on account of injuries sustained by him in the motor vehicular accident dated 3.5.1995.

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Mr. Nandy submits on behalf of the claimant-Appellant that learned Tribunal while assessing the compensation amount has failed to appreciate the permanent disability sustained by him. He further produces a recent Disability Certificate dated 25.01.2018 issued by the Medical Board, Dhenkanal in favour of the

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Page 1 of 2

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Appellant showing his disability increased to the extent of 60% now. The same is kept on record.

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Law is now settled in the case of Raj Kumar vs. Ajay Kumar and another, (2011) 1 SCC 343 and many other decisions with regard to computation of the compensation amount in a case of injury resulting permanent disability. It is true that in the present case, the details of income of the injured have not been brought on record. However, he is found a young man aged about 25 years on the date of accident. Taking his notional income at Rs.15,000/- per annum as per second schedule, the extent of disability and further considering the interest amount that has been deducted by the learned Tribunal for five years, a further compensation of Rs.1,50,000/- consolidated is suggested by this Court. Mr. Nandy, learned counsel for the claimant-Appellant agrees to the same.

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In the result, the appeal is disposed of with a direction to Respondent No.2-Insurance Company to deposit the further consolidated sum of Rs.1,50,000/- (rupees one lakh fifty thousand) before learned Tribunal within a period of two moths from today, which shall be disbursed in favour of the claimantAppellant.

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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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Dusasan @Dusmanta v. Ashok Ku.Prasad

Case brief

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Dusasan @Dusmanta v. Ashok Ku.Prasad

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