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2013 DIGILAW 366 (ORI)

N. I. A. CO. LTD. v. MD. MINATULLAH

2013-09-04

S.C.PARIJA

body2013
JUDGMENT : S.C. Parija, J. - Heard learned counsel for the parties. This appeal by the appellant-Insurance Company is directed against the judgment/award dated 12.7.2012, passed by the III Motor Accident Claims Tribunal, Rourkela, in M.A.C. Case No. 170 of 2008, awarding an amount of Rs. 18,35,029/- as compensation, along with interest @ 6% per annum from the date of application, till payment. 2. Learned counsel for the appellant-Insurance Company submits that as no doctor has been examined by the claimant in support of the nature and extent of injuries sustained by him, the impugned order cannot be sustained. In this regard, it is submitted that as there is no evidence of the treating doctor, either oral or documentary, with regard to the extent of disability suffered by the claimant or with regard to percentage of loss of earning capacity and future treatment, the assessment of the compensation amount is not proper and justified. Further, it is submitted that the award of Rs. 40,000/- towards attendant expenses and ancillary expenses is also without any basis. It is also submitted that the award of Rs. 3,00,000/- towards mental agony, pain and suffering is also not proper and justified. Accordingly, it is submitted that the assessment of the compensation amount is wholly improper and illegal. 3. Learned counsel for the claimant, on the other hand, while supporting the impugned award, submits that as the disability certificate (Ext. 7) goes to show that the claimant, who is a driver of heavy passenger vehicle, has suffered 65% disability, affecting the vital movements of the claimant, learned Tribunal was fully justified in holding that the claimant suffered 100 % loss of earning capacity as a driver. Further, it is submitted that the award of compensation on other heads are also proper and justified. 4. On a perusal of the impugned award, it is seen that the learned Tribunal has taken into consideration the evidence on record, both oral and documentary, in coming to hold that the claimant has suffered physical disability resulting in 100% loss of earning capacity. In this regard, learned Tribunal has taken into consideration the disability certificate (Ext. 7) issued by the Medical Board and keeping in view the nature of work of a driver of a heavy passenger vehicle, has assessed the loss of earning capacity of the injured claimant as 100%. 5. In this regard, learned Tribunal has taken into consideration the disability certificate (Ext. 7) issued by the Medical Board and keeping in view the nature of work of a driver of a heavy passenger vehicle, has assessed the loss of earning capacity of the injured claimant as 100%. 5. Admittedly, the claimant has not examined the treating doctor for assessing the loss of earning capacity, due to the disability suffered by him. Learned Tribunal has merely considered the oral evidence of the claimant and the disability certificate, for assessing the loss of earning capacity. 6. Considering the submissions made and keeping in view the findings of the learned Tribunal given in the impugned award with regard to the quantum of compensation amount awarded and the basis on which the same has been arrived at, I feel, the interest of justice would be best served, if the awarded compensation amount of Rs. 18,35,029/- is modified and reduced to Rs. 14,50,000/- (rupees Fourteen Lakhs Fifty Thousand), which is payable to the claimant along with interest @ 6% per annum. The impugned award is modified to the said extent. 7. The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs. 14,50,000/- along with interest @ 6% per annum from the date of application with the learned Tribunal within 6 weeks hence. On deposit of the amount, the same shall be disbursed to the claimant proportionately, as per the direction of the learned Tribunal given in the impugned award. 8. The statutory amount deposited in the Registry of this Court along with the accrued interest thereon shall be refunded to the appellant-Insurance Company, on production of receipt showing deposit of the modified compensation amount and interest with the Tribunal. 9. MACA is accordingly disposed of. Issue urgent certified copy as per rules. Final Result : Disposed Off