High CourtsSingle Bench(2021) 11 OHC CK 0096

Manas Ranjan Mishra vs M/s.L.G.T.Associate Company And Another

Orissa High Court · Decided on 15 November 2021

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
MACA No.655 Of 2005

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Judgment

8 paragraphs · 258 words

B. P. Routray, J

1.

Heard Mr.Samantray, learned counsel for the Appellant and Mr.Khan, learned counsel for Respondent No.2-Insurer.

2.

The present appeal is filed by the Appellant for enhancement of compensation amount on account of his injury sustained in the accident dated 16th November, 2001. The learned Tribunal in its judgment dated 19th March, 2005 directed for payment of compensation of Rs.1,500/- along with interest @6% per annum from the date of filing of the claim application.

3.

It is submitted on behalf of the Appellant that the learned Tribunal has disbelieved the disability certificate produced on behalf of the claimant without any valid reason and granted such a pitiable amount.

4.

Upon hearing both parties and perusal of the impugned judgment shows that learned Tribunal basing on the injuries mentioned in the injury report determined the compensation amount. The injuries mentioned in the injury report are one contusion and bleeding from incised tooth. No such strong ground is seen in favour of the claimant to wholly rely upon the disability certificate under Ext.6. But drawing a balance between the injuries mentioned in the injury report and temporary disability shown under Ext.6, in my opinion, a further consolidated sum of Rs.15,000/-(fifteen thousand) would serve the purpose. Accordingly, the Insurer-Respondent No.2 is directed to deposit a further consolidated sum of Rs.15,000/-before the learned Tribunal within a period of eight weeks from today, which shall be disbursed to the claimant-Appellant.

5.

The appeal is disposed of.

6.

Urgent certified copy of this order be granted on proper application.

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