Smt. Manimanjula Niharbasini vs Rajat Kumar Mohanty & Anr
2023 Latest Caselaw 3921 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.862 of 2009

            Smt. Manimanjula Niharbasini                 ....         Appellant
            Priyadarsini
                                                     Mr.B.P.Mohanty, Advocate

                                          -versus-

            Rajat Kumar Mohanty & Anr.                   ....      Respondents
                                                         Mrs.R.Pati, Advocate


                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

20.04.2023 Order No.

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

2. Heard Mr. Mohanty, learned counsel for the Appellant and Ms.Pati, learned counsel for Insurer-Respondent No.2.

3. Present appeal by the injured Claimant is directed against judgment dated 9th April, 2009 of 4th M.A.C.T., Puri, in MAC No.3 of 1992, wherein the Tribunal has refused to grant any compensation.

4. The Tribunal has refused to grant compensation on the ground that the certified copies of police papers could not be filed by her. The Tribunal has disposed of the claim application by directing nil award.

5. Being asked, Mrs. Pati, learned counsel for the Insurer- Respondent No.2, in all fairness, admitted the accident and

involvement of the offending vehicle as per police report. The validity of insurance policy in respect of the offending vehicle on the date of accident is also not disputed. The submission of charge-sheet by the police against accused driver of the offending motor-cycle bearing registration No.OR-Y-5721 is not disputed keeping in view the photocopies produced on record before the Tribunal. Thus, considering all such aspects and the date of accident as well as the nature of injuries sustained by the Claimant, a consolidated sum of Rs.75,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Mohanty, learned counsel for the claimants. Mrs. Pati, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

6. In the result, the appeal is disposed of with a direction to the Insurer to deposit the consolidated compensation of Rs.75,000/- (Seventy five thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant.

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

( B.P. Routray) Judge

S.Das