Managerclaim,Shrir Vs Sadhu Ch.Mishra

Instant appeal is filed by the appellant Insurance Company challenging the quantum of compensation directed in MAC No.5 of 2011 by the learned District Judge-cum-1^st Motor Accident Claims Tribunal, Nayagarh with an impugned order dated 30^th April, 2014 on the grounds stated therein.

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Mr. Dutta, learned counsel for the appellant Insurance Company would submit that on the head of medical expenses including cost of attendant, an amount of Rs.80,000/-is allowed, whereas, there has been material on record to show that an amount of Rs.39,000/- was incurred towards treatment of the claimant respondent No.1, hence, the compensation amount is to be accordingly reduced. On the other hand, learned counsel for claimant respondent No.1 would submit that the compensation is fair and reasonable and hence, therefore, it should not be reduced considering the fact that the injury to be grievous in nature as there was displacement of rectum.

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Gone through the Medical Examination Report of the claimant respondent No.1 which reveals that he suffered an incised wound alongside the rectum. The extent of disability is 20% as certified by the Medical Board which stands revealed from Ext.7. Having regard to the extent of injury suffered and disability sustained by claimant respondent No.1, the Court is of the considered that in absence of any evidence to justify expenses towards the medical treatment which is to the extent of Rs.39,000/only, the Court is of the considered view that the compensation amount is required to be reduced to Rs.1,80,000/- payable with interest 6% per annum from the date of claim application filed i.e. 2^nd February, 2011 as the same would be fair and reasonable.

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Hence, it is ordered.

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In the result, the appeal stands allowed in part. Consequently, the impugned award in MAC No.5 of 2011 stands modified to the extent as aforesaid with a direction to the appellant Insurance Company to deposit an amount of Rs.1,80,000/- along with interest @ 6% per annum from the date of claim application i.e. 2^nd February, 2011 within eight weeks from today and on such deposit being made, it shall be immediately disbursed in favour of the claimant respondent No.1. The Court further directs that the statutory deposit along with accrued interest on the same shall be refunded to the appellant Insurance Company soon after disbursement of compensation in favour of claimant respondent No.1.

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Urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik)

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Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 21-Mar-2024 18:11:26

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Managerclaim,Shrir v. Sadhu Ch.Mishra

Case brief

What is this about?

What did the court decide?

Managerclaim,Shrir v. Sadhu Ch.Mishra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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