Golia @ Golakh Patra vs Manager
2023 Latest Caselaw 3563 Ori

Citation : 2023 Latest Caselaw 3563 Ori
Judgement Date : 17 April, 2023

Orissa High Court

Golia @ Golakh Patra vs Manager on 17 April, 2023

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.97 of 2016

                 Golia @ Golakh Patra                     ....            Appellant
                                                         Mr.A.K.Otta, Advocate
                                            -versus-
                 Manager, Shriram General Insurance       ....         Respondents
                 Co.Ltd. & Anr.
                                                        Mr.A.A.Khan, Advocate

                          CORAM:
                          SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

17.04.2023 Order No.

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

2. Heard Mr.Otta, learned counsel for the Appellant & Mr. Khan, learned counsel for the Respondents.

3. Present appeal by the Claimant is directed against judgment dated 20th November, 2015 of 2nd Additional District-cum- MACT,Cuttack, in MAC Case No.516 of 2012, wherein compensation to the tune of Rs.4,00,120/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 15th June, 2012.

4. The injured Claimant has come up for enhancement of compensation amount. Admittedly, his leg was amputed below the knee and he was hospitalized for 28 days as an indoor patient. Considering the nature of injuries, the extent of disability and avocation of the injured as a daily labourer, a further consolidated sum of Rs.4,00,000/- is proposed to the parties in course of hearing.

This is agreed by Mr.Otta, learned counsel for the claimants. Mr. Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.4,00,000/- (Four lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be decided by the Tribunal.

6. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das