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2014 Supreme(Ori) 219

RAGHUBIR DASH
Duryodhan Sahoo – Appellant
Versus
Chatrubhuja Nayak – Respondent


Advocates:
Advocate Appeared:
For Appellant: Mr. Amiya Kumar Mohanty
For Respondents: M/s. S.R. Pattnaik, P. Pattnaik, D. Pradhan, N.K. Senapati & N.K. Biswal

Judgment

R. DASH, J.

This appeal is against the award dated 7.5.2012 passed by the learned 3rd Motor Accident Claims Tribunal, Bhubaneswar in MACT Case No.42/347 of 2006 awarding compensation of Rs.5,92,800/- with interest at the rate of 7% per annum from the date of the application.

2. The petitioner-claimant No.1-Duryodhan Sahoo is the appellant in this appeal. He is none other than the injured. Respondent Nos.1 and 2 are the insured owner of the vehicle and the insurer Insurance Company, respectively.

3. The appellant seeks for enhancement of the award amount taking the following grounds:

(1) Learned Tribunal ought to have accepted the claimant’s evidence on his monthly income and instead of assessing loss of income at 70%, solely on the basis of disability certificate, learned Tribunal ought to have assessed the functional disability of the appellant at 100%.

(2) The award made by the learned Tribunal under each of the headings ‘medical expenses’, ‘attendant cost’, ‘pain and sufferings’ and ‘inconvenience and discomfort’ is very low.

(3) The proper multiplier should have been 16 instead of 15.

4. Learned counsel for the Insurance Company has argued in support of the award claiming that
















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