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2008 DIGILAW 287 (ORI)

ORIENTAL INSURANCE CO. LTD. v. KISHORE PRADHAN

2008-04-04

S.R.SINGHARAVELU

body2008
JUDGMENT : S.R. Singharavelu, J. - The Oriental Insurance Company is the Appellant. 2. The dispute is only in respect of the quantum of compensation. 3. Since the fact of accident and the liability are not in dispute, notice to the owner is dispensed with because the Appellant-Insurance Company concedes its liability but disputes only the quantum of liability. 4. The accident had taken place on 14.9.1997 at about 3 P.M. near Tangi College in between Chandpur and Tangi on Bhubaneswar-Berhampur Road on N.H.5. A case was registered in Tangi P.S. for commission of offences punishable under Sections 279/337/338/304-A, IPC. 5. Although there was a causality in the accident, the claimant sustained injury in his left leg. Even though it was claimed that injuries on brain and left leg were sustained due to which there was loss of memory, pain and suffering and treatment was taken for six days as an indoor patient in S.C.B. Medical College and Hospital, Cuttack, neither the impugned judgment nor any record does show that there was any injury on the brain. Ext. 9 is the disability certificate which indicate 10% permanent disability on the left leg. From Ext. 6, eight injuries are found which are as follows: Nature of Size of each On which Whether By what kind Remark injury, i.e. injury in part of the "simple" or of weapon without a inches, i.e., body "grievous" inflicted cut, a length, inflicted bruise or a breadth burn, etc. depth etc. 1 2 3 4 5 6 Kishore Pradhan, HM 32 yrs. S/o. Late Purosottam Pradhan, Jharia, P.S. Tangi, Dist. Khurda 1. Laceration injury of scalp - 1" x ?" x ?", 4" above rt. of left ear bleeding, red in colour Margin-irregular. 2. Laceration injury 2" above left eye brow - 1" x ?" x ?", bleeding, red in colour Margin-irregular. 3. Laceration injury for left side (medical side) - 5" x ?" x ?", bleeding, red in colour Margin-irregular. 4. Abrasion - left wrist joint (dorsal) - 2" x 1/2", red in colour 5. Abrasion - right wrist joint (dorsal) -1" x ?", red in colour 6. Abrasion - left shin - left leg - (middle portion) - 2" x 1", red in colour 7. Abrasion - left knee - 2" x 1", red in colour 8. Bruise - bridge of nose - V/z' x 1", red in colour 6. Ultimately as per Ext. Abrasion - right wrist joint (dorsal) -1" x ?", red in colour 6. Abrasion - left shin - left leg - (middle portion) - 2" x 1", red in colour 7. Abrasion - left knee - 2" x 1", red in colour 8. Bruise - bridge of nose - V/z' x 1", red in colour 6. Ultimately as per Ext. 9 as there was only 10% disability in the left leg, considering the facts and circumstances of the case along with the nature of injuries sustained by the claimant, this Court restricts the compensation to Rs. 25,000/- in that respect. Apart from the above sum of Rs. 25,000/-, for medical expenses, both past and future, a sum of Rs. 10,000/- is also awarded. For the pain and suffering of the claimant during the time he was taking treatment in the hospital and also during the time of accident, a sum of Rs. 10,000/- is awarded. As abrasion over the body and lacerated injury on the scalp were also found and it is found from the record that the cycle and other properties of claimant were lost in the said accident and the claimant requires post accidental care, to take nutritious foods, etc. Rs. 5,000/- is awarded. In all, Rs. 50,000/- (Rupees fifty thousand is awarded.