High CourtsSingle Bench(2021) 11 OHC CK 0051

Keshab Patra vs Smt. Kabita Pati and Others

Orissa High Court · Decided on 8 November 2021

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
MACA No. 715 Of 2007

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 287 words

B. P. Routray, J

1.

Heard Mr. S.K. Sanganeria, learned counsel appearing for the Appellant - claimant and Mr. N.K. Mohanty, learned counsel appearing for Respondent No.2 - Insurance Company.

2.

The present appeal has been preferred against the impugned award dated 30th March, 2007 of the learned MACT, Phulbani.

3.

The Appellant herein filed MAC No.24 of 2004 claiming compensation for his injuries sustained in the motor vehicular accident on 8th February, 2003.

4.

Learned tribunal has directed payment of compensation of Rs.30,000/- along with interest @ 6% per annum from the date of filing of the claim application.

5.

The Appellant submits that since he has suffered from 42% disability which is duly established on record, the amount of Rs.30,000/- as granted by the learned Tribunal is insufficient.

6.

Perusal of the impugned award reveals that the disability, as stated by the Appellant is temporary as per the certificate furnished by the Appellant. It is further seen that the learned Tribunal while ariving at just compensation, has taken into account the medical expenditure as well as loss of wages on account of the temporary disability for a period of 18 months and accordingly calculated the amount of compensation. However, considering the avocation of the Appellant, as a cultivator, and the temporary disability he has suffered with, in my considered opinion a further consolidated amount of Rs.12,000/-will suffice the purpose.

7.

Accordingly, Respondent No.2 - Insurance Company is directed to pay a further consolidated amount of Rs.12,000/- (Rupees twelve thousand only) to the Appellant within a period of eight weeks from today.

8.

The appeal is disposed of with the above observations.

9.

An urgent certified copy of this order be issued as per rules.

...................................