Sagar Mohapatra vs M/S. National Insurance Company ...
2022 Latest Caselaw 3389 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.847 of 2013
                 Sagar Mohapatra                           ....          Appellant
                                                  Mr. D.K. Mohapatra, Advocate
                                            -versus-
                 M/s. National Insurance Company Ltd.
                 and Another                          ....            Respondents
                                Mr. P.K. Mahali, Advocate for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

21.7.2022 Order No.

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. D.K. Mohapatra, learned counsel for the claimant - Appellant and Mr. P.K. Mahali, learned counsel for insurer - Respondent No.1.

3. Present appeal by the claimant has been filed challenging the judgment dated 23rd May, 2013 of learned 2nd MACT, Cuttack passed in Misc. Case No.353 of 1999 wherein compensation to the tune of Rs.40,500/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 11th May, 1999 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 17th February, 1995.

4. Upon hearing both parties and considering the grounds of challenge advanced as well as taking note of the disability suffered by

the claimant - Appellant as per Ext.9 and the date of accident, a further consolidated sum of Rs.1,20,000/- is proposed to the parties in course of hearing. This is agreed by Mr. Mohapatra, learned counsel for the claimant-Appellant and Mr. Mahali, learned counsel for the insurer leaves it to the discretion of the Court. As such, the amount is fixed to the above extent.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.1 to deposit a further consolidated sum of Rs.1,20,000/- (one lakh twenty thousand) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondent.

6. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda