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Judgment
B. P. Routray, J
Heard Mr. N.N. Mahapatra, learned counsel for the Appellant-Insurance Company as well as Mr. B.N. Samantaray, learned counsel for the Respondent No.1-claimant.
The present appeal has been filed by the Insurance Company against the award dated 19.3.2018 of the learned 1st MACT, Cuttack in MCA No.477 of 2012 wherein the learned Tribunal has granted compensation of Rs.3,50,000/- along with 6% interest per annum to the claimant from the date of filing of the application i.e. 4.8.2012 on account of injuries sustained by the claimant in the motor vehicular accident dated 25.1.2012.
It is contended on behalf of the Appellant that since the claimant has reimbursed his medical expenses from the employer, i.e. Punjab National Bank, no further amount should be granted in compensation to the claimant.
In reply to the same, it is submitted on behalf of the claimant that the claimant has spent Rs.6,00,000/- towards medical treatment, but reimbursed only Rs.3,50,000/- from his employer. It is therefore submitted that the rest amount along with compensation towards pain and suffering has been granted by the learned Tribunal amounting to Rs.3,50,000/-.
It is seen from paragraph 6 of the impugned judgment that the learned Tribunal while discussing the medical bills produced by the claimant towards his treatment, while noting receipt of reimbursement from the employer to the tune of Rs.3,50,000/- has granted further consolidated sum of Rs.3,50,000/- towards expenditure made in the treatment, mental agony and future expenses.
The period of treatment as stated by the claimant is from 25.1.2012 to 23.2.2012. Since it is admitted that the claimant has received Rs.3,50,000/- in reimbursement from the employer towards his treatment, keeping in view the documents produced in support of his claim of spending Rs.6,00,000/- towards medical treatment and the pain and suffering sustained by him for the injuries, the amount of compensation is reduced to Rs.3,00,000/-consolidated. It goes without saying that the said amount of Rs.3,00,000/- shall carry interest @6% per anum from the date of impugned judgment till the date of payment.
Accordingly, the Insurance Company is directed to deposit the modified amount along with interest @6% per annum before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimant.
On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.
The MACA is disposed of.
An urgent certified copy of this order be granted on proper application.
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