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2016 DIGILAW 227 (ORI)

Mahendra Behera v. Lalmohan Behera

2016-03-21

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. 1. This appeal arises out of the judgment dated 15.04.2014 passed in M.A.C. No. 31/86 of 2012-10. This is an application at the instance of injured claimant for enhancement of the compensation amount. 2. Short background involved in this case is that the injured claimant while returning from the Saraskana weekly market after completing his business work in a Savari vehicle bearing registration No.OR-11E-2564, on the way near Manada at NH No.6 the Savari vehicle over turned to the road side and got capsized. As a result of which, all the occupants including the appellant of the Savari vehicle sustained multiple bleeding and fracture injuries. On the plea of rash and negligent driving of the driver of the vehicle, injured persons including the appellant filed the claim application. The owner of the vehicle itself remained ex-parte. The Insurance Company on its appearance filed written statement disputing issuance of the policy in favour of the offending vehicle. While disputing the injury sustained by all the injured, requested for proving of the same by the respective parties. The Insurance Company also alleged regarding violation of policy conditions by the owner of the parties. Upon hearing the parties, taking into consideration the materials available on record and considering the evidence of both parties, the M.A.C.T., Baripada, District-Mayurbhanj passed the final order entitling the appellant with Rs.40,000/- (Rupees Forty thousand) as whole compensation along with 6% interest per annum from the date of application. 3. In assailing the impugned judgment, learned counsel appearing for the appellant contended that looking to the period of stay in the hospital at both places, the disability certificate issued by the competent authority and the evidence with regard to the medical expenditure involving the injured, the amount awarded is grossly at a lower side and hence, claims enhancement of the same. 4. In opposition, learned counsel appearing for the respondent contended that even though the appellant is able to produce a certificate of incapacity to the extent of 40% but he has failed in establishing with regard to the loss of income on account of such incapacityness. Learned counsel for the Insurance Company also submitted that there is no material to proof the medical expenditures as claimed by the appellant. Under the circumstances, claims that there is no wrong in the impugned judgment leaving any scope for interfering in the same. Heard. 5. Learned counsel for the Insurance Company also submitted that there is no material to proof the medical expenditures as claimed by the appellant. Under the circumstances, claims that there is no wrong in the impugned judgment leaving any scope for interfering in the same. Heard. 5. After hearing the respective parties and on perusal of materials available of record, this Court finds that the claimant has not only met with an accident but for his sustaining injuries he also remained hospitalized in two different hospitals. One spell is from 26.01.2008 to 31.1.2008 as an indoor patient at D.H.H., Baripada and 2nd one is being referred from D.H.H., Baripada to S.C.B. Medical College and Hospital, Cuttack where he has stayed for seven days also as an indoor patient. The bed head ticket marked as Ext.19 reveals the injured sustained fracture injury on his left femur and the claimant has been able to produce an uncontroverted certificate establishing his disability upto 40% due to injuries involved in the particular accident. The trial Court also observed that the injured was unable to walk properly and he was walking with assistance of a crutch. Even though, no document with regard to medical expenditures have been exhibited but it appears the claimant had filed some documents establishing the same. 6. Considering the above, this Court feels the grant of compensation at Rs.40,000/- is inappropriate and for which, this Court enhances the compensation by another Rs.20,000/- (Rupees twenty thousand) on all the above heads. The enhanced amount shall carry 6% interest allthrough. The enhanced amount along with the interest as directed hereinabove, be calculated within two weeks hence and be also deposited before the Court below for being released in favour of the claimant within a period of four weeks thereafter. 7. The appeal stands allowed but however, there is no order as to cost.