N.I.C.O. Ltd. v. Sudarsan Puhan .

S.C. Parija, J.:— Heard learned counsel for the parties.

2. This appeal by the appellant-Insurance Company is directed against the judgment/award dated 17.5.2014, passed by the learned 1 Motor Accident Claims Tribunal, Mayurbhanj, in MAC Case No. 7 of 2013, awarding an amount of Rs. 24,62,065/- as compensation along with interest @ 7% per annum from the date of filing of the claim application, till realisation.

3. Learned counsel for the Insurance Company submits that the assessment of the compensation amount is not proper and justified. In this regard, it is submitted that as the claimant is the owner of the vehicle (407 Mini Truck) bearing No. OR-11-7455 and the extent of disability suffered by the claimant does not affect his income from the vehicle, learned Tribunal should have considered the same while assessing the compensation amount payable. In this regard, it is submitted that as the permanent disability suffered by the claimant does not affect his actual earning capacity, as the owner of the vehicle, the assessment of the compensation amount on the basis of 100% disability is not proper and justified. In this regard, the appellant has placed reliance on the decision of the apex Court in Raj Kumar v. Ajay Kumar, in 2011 (1) TAC 785. It is further submitted that the award of Rs. 3,50,000/- towards non-pecuniary damages and Rs. 4,08,000/- towards attendant charges is not proper and justified.

4. Learned counsel for the claimant while supporting the impugned award submits that as the claimant had suffered 100% disability due to the accident, the assessment of the compensation amount cannot be faulted.

5. Considering the submissions made by the learned counsel for the parties and keeping in view 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. 24,62,065/- is modified and reduced to Rs. 20,00,000/-, which is payable to the claimant along with the awarded interest. The impugned award is modified to the said extent.

6. The appellant-Insurance Company is directed to deposit the modified compensation amount of Rs. 20,00,000/- along with awarded interest with the learned Tribunal within six 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.

7. 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.

8. MACA is accordingly disposed of.

9. Issue urgent certified copy as per rules.