MACA/823/2023 of PRASANTA KUMAR BEHERA Vs RASMITA PRADHAN on 20 August 2026

ORDER

20.08.2026 Order No.

04.

1. These matters are taken up through Hybrid mode.

2. Both the abovenoted appeals arise out of a common incident and in both the appeals, the impugned judgment dated 31.07.2023 passed by the learned 1st Additional District Judge-cum-1st M.A.C.T., Cuttack in M.A.C. No.518 of 2016.

3. Since both the appeals arise out of the same judgment involving the same incident, same are heard together and are being disposed of by the following order.

4. Heard the learned counsel appearing for the Appellant-Insurance Company in MACA No.268 of 2024 and learned counsel for the Appellant-Claimant in MACA No.965 of 2023. Perused both the appeals as well as the grounds taken by both the Appellants.

5. MACA No.268 of 2024 has been filed by the Insurance Company seeking reduction of quantum of compensation on the ground that the learned Tribunal has committed an error by wrongly calculating the amount of compensation that has been awarded by virtue of the impugned judgment dated 31.07.2023.

6. Similarly, the Appellant-Claimant in MACA No.965 of 2023 has approached this Court with a prayer for enhancement of the quantum of compensation as has been awarded by the learned Tribunal on the ground the same is on the lower side.

7. Learned counsel for the Appellant-Claimant in MACA No.965 of 2023, at the outset, contended that while awarding compensation in the case of injury in motor accident, the learned Tribunal while calculating the compensation amount has not taken note of the medical bill submitted by the Petitioner. He further contended that the injured in his cross-examination-in-chief, has stated that he has spent a sum of Rs.4,00,000/- towards his medical expenses. It was also contended that bills to the tune of Rs.4,45,256/- also filed before the learned Tribunal. However, the learned Tribunal has awarded a sum of Rs.72,918/- towards such medical expenses. On such ground, learned counsel for the Appellant-Claimant prayed for enhancement of the compensation amount by modifying the amount already awarded in the impugned judgment.

8. On the other hand, learned counsel appearing for the Insurance Company disputed the amount of compensation that has already been granted by the Tribunal by virtue of the impugned judgment at Annexure-1. While assailing the quantum of compensation, learned counsel appearing for the Insurance Company submitted before this Court that the award of compensation on the ground of medical expenses is arbitrary and exorbitant. She further submitted that such award of compensation is not supported by any evidence on record. On such ground, learned counsel for the Appellant-Insurance Company prayed for reduction of quantum of compensation by modifying the impugned judgment.

9. Having heard the learned counsels appearing for both the sides, on careful examination of the background facts of the present case, as well as the rival contentions and, on close scrutiny of the impugned judgment dated 31.07.2023, this Court found that after the accident the injured was hospitalized at KIIMS Hospital, Bhubaneswar. Although he had undergone treatment there, certain medical bills which were filed before the Tribunal have not been proved. As a result of which, the Tribunal has awarded the compensation taking into consideration the medical bills which were filed by the Claimant and which were duly proved.

10. In course of hearing of the matter, this Court on the request of the learned counsel for the parties, proposed to settle the matter amicably. Learned counsel appearing for both the sides accepted the same. Accordingly, learned counsel appearing for the Claimant submitted before this Court that in the event a further consolidated a sum of Rs.50,000/- is awarded to the Claimant, the Claimant would be satisfied.

11. Learned counsel for the Insurance Company, on the other hand, left the matter the discretion of this Court and submitted that in the event the compensation amount is modified taking into consideration the materials on record, the Insurance Company shall accept the same.

12. Considering the factual background of the present case as well as the materials on record, this Court is of the view that a further consolidated sum of Rs.50,000/- would be just, fair and proper. The learned counsel for both the parties accepted the same.

13. In the aforesaid position, the awarded amount is modified to the extent that the Appellant Insurance Company in MACA No.268 of 2024 shall pay a further consolidated a sum of Rs.50,000/- (Rupees fifty thousand) to the Appellant-Claimant in MACA No.965 of 2023. The same shall be deposited before the Tribunal within eight weeks from the date of communication of a copy of this order.

14. Further, while modifying the impugned judgment, this Court waives the imposition of 12% default interest as has been awarded by the learned Tribunal.

15. With the aforesaid modification, both the appeals stands disposed of. In MACA No.268 of 2024

16. It is further directed that on production of copy of the acknowledgement evidencing deposit of the amount of Rs.50,000/- before the Tribunal, registry of this Court shall release the statutory amount deposited by the Insurance Company along with accrued interest, on an application being filed by the Appellant-Insurance Company before this Court.

( Aditya Kumar Mohapatra )

Judge

Debasis

Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Aug-2026 18:11:43 Signature Not Verified