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New India Assurance Company Ltd. Vs. Dr. Sukanta Kumar Behera [20/02/15]

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[Civil Appeal No. 2078 of 2015 arising out of SLP (Civil) No.20977 of 2014]. The appeal has been preferred by the insurer against the order dated 9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576 of 2008 awarding compensation of Rs.55,00,000/- to the respondent, Dr. Sukanta Kumar Behera for the injuries sustained and permanent disability incurred by him in the accident dated 9.9.2001. The Claims Tribunal had awarded compensation of Rs.4,01,414/-. The appellant was working as Senior Medical Officer in Bhilai Steel Plant. He met with an accident and ultimately due to permanent disability incurred by him, his services were terminated on 29.8.2007. He incurred 60% permanent disability owing to various injuries sustained in the accident. The question to be considered is whether the High Court is justified in awarding compensation of Rs.55,00,000/- without any discussion and computation. The approach of the High Court cannot be said to be justified in such cases of injury. It is necessary to make computation of compensation to be awarded on account of pecuniary and non-pecuniary heads.

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