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Judgment
B. P. Routray
On the consent of both the parties, the matter is taken up for hearing.
Heard Mr. M.C. Nayak, learned counsel for the Appellant-Insurance Company as well as Mr. A. Routray, learned counsel for the Respondent No.1-claimant.
The present appeal has been directed against the impugned judgment dated 03.01.2018 of the learned 3rd MACT, Bhadrak in MAC No.57 of 2011. The learned Tribunal has directed for payment of compensation of Rs.34,98,326/- along with interest @ 7% per annum from 19.7.2011 to the claimant.
Mr. M.C. Nayak, learned counsel for the Appellant submits that despite the fact that the claimant has produced the IT documents in support of his income, which reveals that he along with his two brothers was doing the business as proprietors of Bharati Plumbing and Sanitary Works at Banagalore, learned Tribunal has failed to consider the significant contribution of other two brothers of the claimant in the business. Even without participation of the claimant after the accident, their business flourished more. In other words, the contention of the Appellant is that even if the claimant is incapacitated to contribute towards the business still the income of Bharati Plumbing and Sanitary Works was not reduced for which it is not correct to say that the claimant has sustained any loss of future income.
I fail to conceive the reasons adduced by the claimant. When the IT documents in respect of the income of the claimant is not disputed, it would be improper to presume that the claimant had no contribution to the business since the business has flourished more even in his absence. The said argument is without logic and therefore rejected.
On the other hand, the claimant-Respondent in the connected appeal has prayed for enhancement of the amount towards future loss of income on the ground that he had major share of income in the business for his consistent support and contribution, whereas his two brothers were helping hands only. In absence of substantial proof on this aspect, this argument of the claimant is rejected because when three partners are there on record, admittedly the profit earned from the business entity has to be shared equally between those three partners. This is the essence of reasons discussed by the learned Tribunal who accordingly has arrived the monthly income of the claimant at Rs.20,000/-.
The determination of the learned Tribunal towards the income of the claimant is founded without fault. In addition to the loss of future income, the learned Tribunal has also granted sufficient amount towards medical expenses, purchase of medicines and other charges based on the documents produced before him. So here also no fault is noticed on the part of the learned Tribunal. Needless to say that the total amount thus calculated by the learned Tribunal came to Rs.34,98,326/- which has been accordingly directed to be paid by the Insurance Company.
Thus no merit is seen in the challenge by the insurer and the appeal is dismissed.
The Insurance Company is directed to deposit the entire award amount along with interest before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimant on the same proportion and terms as directed by the learned Tribunal.
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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