Bharat Majhi vs Nalinikant Mishra And Another
2023 Latest Caselaw 3046 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.235 of 2007

            Bharat Majhi                                ....          Appellant
                                                     Mr. B.B. Panda, Advocate
                                      -versus-
            Nalinikant Mishra and another          ....       Respondents
                            Mr. G.P. Dutta, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                         ORDER

10.04.2023 Order No.

13. 1. Heard Mr. B.B. Panda, learned counsel for the Appellant-

claimant and Mr. G.P. Dutta, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellant-claimant is directed against the judgment dated 14.12.2006 of learned MACT, Kalahandi- Nuapada at Bhawanipatna in M.A.C. No.1 of 2003, wherein the learned Tribunal has granted compensation to the tune of Rs.33,060/- along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e. 3.1.2003 on account of injury sustained by him in the motor vehicular accident dated 4.10.2002.

3. According to the injured, he sustained physical disability to the extent of 60% by stiffness of right knee due to the injury in the accident and in support of his disablement, he produced the

Disability Certificate under Ext.7. It is submitted that learned Tribunal has counted the loss of income at a lesser limit.

4. Upon hearing learned counsel for the insurer and perusal of the record including Ext.7 as well as considering the date of accident and the nature of disability, a further consolidated sum of Rs.1,00,000/- (rupees one lakh) is proposed to the parties in course of hearing. Mr. B.B. Panda, learned counsel for the claimant-Appellant agrees to the same and Mr. G.P. Dutta, learned counsel for Respondent No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly enhanced to that extent.

5. The Insurance Company (Respondent No.2) is directed to deposit the further consolidated sum of Rs.1,00,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimant on such terms and proportion to be decided by the learned Tribunal.

6. The MACA is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik