Claimant vs Oriental Insurance Co. Ltd. - 2023 Supreme(Online)(SC) 20920

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 20920

SUPREME COURT
XYZ, J
Claimant – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent

Advocates:
For the Appellants/Petitioners: C.B. Gururaj, Prakash Ranjan Nayak, Pramit Chhetri, Animesh Dube
For the Respondents: T. Mahipal, Rohit K. Sinha

Table of Content
1. the background details of the claimant's case outline the compensation appeal process. (Para 2 , 5 , 8)
2. arguments presented reveal a dispute over the adequacy of the compensation awarded. (Para 7)
3. the court's reasoning focused on the accurate assessment of compensation related to the claimant's income and injuries. (Para 10)
4. the final ruling modifies the compensation awarded in favor of the appellant. (Para 13)

1. Leave granted. I.A. No.177122/2022 for production of additional documents is allowed.

3. We have heard the arguments of Mr. C.B. Gururaj, learned counsel appearing for the appellant assisted by Mr. Prakash Ranjan Nayak, Pramit Chhetri and Animesh Dube, Advocates and Mr. T. Mahipal, learned counsel appearing for Respondent No.1, assisted by Rohit K. Sinha. Perused the records.

5. BRIEF BACKGROUND
The appellant / claimant met with a road accident on 22.12.2007 and as a result sustained injuries. For award of compensation claim petition under S.166 of MV Act came to be filed. The Insurer contested the matter before the Tribunal and after trial, Tribunal allowed the claim petition in part and awarded compensation of Rs.2,36,812/- under the following heads