NATIONAL INSURANCE CO LTD Vs. PRAFULLA KUMAR MOHANTY

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by the appellant Insurance Company inter alia challenging the judgment dated 11 th July, 2001 passed by a learned Single Judge of this Court in Miscellaneous Appeal No. 430 of 1996.

(2.) RESPONDENT No. 1 Prafulla Kumar Mohanty, Senior Clerk of the District Judge's Court at Berhampur, while travelling in a car bearing registration number AAS 4005 with his family from Puri to his village on 28th April, 1990, the car met with an accident at about 8 a.m. near village Palia, Chatrapur on NH -V. Consequent thereof, there was dislocation of the hip joint and right tibia of respondent No. 1. He filed a claim case before the 2nd Motor Accident Claims Tribunal, Berhampur for compensation of a tune of Rs. 4,98,782.62. The said claim case was registered as M.A.C. No. 13 of 1991 (451/90). The Tribunal after a vivid discussion of the evidence, both oral and documentary, awarded compensation in favour of respondent No. 1 under different heads as mentioned below:

(3.) THOUGH we are aware of the legal proposition that the Insurance Company is precluded from challenging the quantum of award, in view of the fact that the award has been enhanced to Rs. 2,31,000/ - from Rs. 86,000/ - we feel it just and proper to scrutinize the evidence, both oral and documentary, once again in the light of the decision of the Supreme Court in the case of Nagappa Mahadev Goddamani v. New India Insurance Company I (2000) ACC 321 (SC) : 1999 A.C.J. 1128.