JUSTICE v. NARASINGH Order No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 850 of 2016 Prakash Saraf … . Appellant Mr. J. Sahu, Advocate -versus- 1. Smt. Sakha Sahu 2. The Divisional … . Respondents Manager, National Insurance Company Ltd., Nayapara, Sambalpur Mr. B. N. Udgata, Advocate (R-2) CORAM: JUSTICE V. NARASINGH Order No. 18. MISC. CASE No.1430 of 2016
Decision
ORDER 19.08.2025 1. This is an application for condonation of delay of 12 days in filing the appeal. 2. Having heard learned counsel for the parties and considering the recitals in the I.A, the delay in filing the appeal is condoned. 3. I.A is accordingly disposed of. (V. Narasingh) Judge Page 1 of 7 Order No. 19 MACA No. 850 of 2016 1. Heard learned counsel for the Appellant and learned counsel for the Respondents. 2. Being aggrieved by the quantification of compensation to the tune of Rs. 7,66,860/- along with 7.5% interest per annum by the award dated 21.04.2016 passed by the learned Additional District Judge -cum- Judge, 3rd M.A.C.T., Bargarh in M.A.C. No.37/42 of 2014-15 the Appellants- Claimants seeking enhancement have preferred the MACA. 3. The brief facts of the case of the Claimant is that on 12.08.2013 he was coming with his friend from Barpali to his village Panimora, on motor- cycle. The offending vehicle bearing Registration No. OR-17-E-3164 belonging to Respondent-1 being driven in a rash and negligent manner dashed against the claimant’s motor-cycle, resulting in grievous injuries to the Claimant. For which, he was shifted to the hospital for Page 2 of 7 treatment. At the time of occurrence the Claimant was working as a driver. The Claimant sought for payment of compensation to the tune of Rs.10,00,000/-. 4. Respondent No.2 herein Insurance Company was arrayed as Opposite Party No.2 being the insurer of the offending bus and the owner of the offending bus as Opposite Party No.1 before the learned Tribunal. 5. In spite of due service of notice, the owner Opposite Party No.1-Respondent No.1 herein did not participate in the proceeding and she was set ex parte. Opposite Party No.2-Insurance Company appeared and filed its written statement denying the assertions made in the claim petition. On the pleadings of the parties, the following issues were framed: “i) If the case is maintainable? ii) If the Claimant had sustained injury due to rash and negligent driving of the driver of the C.T. Ride bus calledPadmabati" Page 3 of 7 bearing Regd. No.- O.R.-17-E-3164 on 11.08.2013 at about 2.30 p.m. of Sohela Barpali road in front of Gopeipali Tarini Temple by dashing against his motor-cycle ? iii) If the Claimant is entitled to receive any compensation, if so, then to what extent and from whom? iv) If the Claimant is entitled to get any other relief?” 6. In order to substantiate his claim, the Appellant-Claimant examined himself as P.W. 1 and documents were exhibited on behalf of the Claimant and marked as Exts.1 to 14. No oral witnesses were examined on behalf of Opposite Parties whereas documents were marked and exhibited as Exts.A to C. Considering the evidence on record, learned Tribunal directed for compensation of Rs.7,66,860/- along with 7.5% interest per annum from the date of filing of the claim petition till the date of payment. Page 4 of 7 7. While claiming enhancement the learned counsel for the Claimant, Mr. Sahu drew the attention of this Court to the finding of the learned Tribunal on the basis of evidence on record that a lump sum amount of Rs.2,00,000/- can be awarded to the Claimant towards the cost incurred for his treatment, while quantification of compensation, such amount has not been added to the compensation as such the Claimant is entitled to the same. 8. Learned counsel for the Insurance Company Mr. Dutta on the other hand submits that evaluating the impugned judgment on the touchstone of just compensation, the Claimant is not entitled to any further enhancement. It is not out of inadvertence but applying the very doctrine of just compensation, the learned Tribunal has rightly not added the amount. 9. On perusal of the impugned award , it is seen that the learned Tribunal on evaluating the Page 5 of 7 evidence on record accepted the submission of the claimants that all his medical bills were handed over to the investigator as evidenced by Ext.14 and referring to the same and the treatment undergone, the learned Tribunal arrived at a finding that a lump sum amount of Rs.2,00,000/- can be awarded to the Petitioner towards the cost incurred by him for his treatment. The relevant finding in this regard is extracted hereunder:- “xxx xxx xxx In order to do justice, this Tribunal feels that a lump sum amount of Rs.2,00,000/- can be awarded to the petitioner towards the cost incurred by him for his treatment. xxx xxx xxx” 10. There is no material on record to rebut such finding by the learned counsel for the Insurance Company in the present appeal. Evidently, while computing the compensation of the said amount of Rs.2,00,000/- towards the treatment has not been taken into account. The same is a patent error, which needs to be addressed. 11. As such, on consideration of the rival contentions, this Court is of the considered view, on Page 6 of 7 the anvil of the doctrine of the just compensation, the Claimant is entitled to a further sum of Rs.2,00,000/- along with the compensation amount of Rs. 7,66,860/- and interest accrued at 7.5% after deducting the amount, if any paid in the meanwhile and it is ordered accordingly. The enhanced amount shall be deposited to the claimants within a period of eight weeks from the date of receipt of copy of this Order. On deposit of such amount, the same shall be disbursed to the claimants- injured within a period of two weeks. 12. Leave granted to the Insurance Company to recover the same by the Ld. Tribunal is affirmed. 13. Court fees shall be payable by the Claimants as per Rules. 14. Accordingly, the MACA stands disposed of. No costs. (V. Narasingh) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Sep-2025 20:18:47 Page 7 of 7