Hansa Sahu vs Ranjan Baditya And Another
2023 Latest Caselaw 10054 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1061 of 2006
                 Hansa Sahu                                  ....          Appellant
                                                         Mr. S.D. Das, Sr. Advocate
                                              -versus-
                 Ranjan Baditya and Another                  ....       Respondents
                                    Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

25.8.2023 Order No.

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

2. Heard Mr. S.D. Das, learned senior counsel for the claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the widow (LR) of the injured is directed against the impugned common judgment dated 20th July, 2006 of learned 2nd MACT (SD), Berhampur passed in MAC Case Nos.155/01(150/00), 156/01 (151/00), 193/01(152/00 and 197/00(44/02). Present appeal is in respect of MAC Case No.156/01(151/00), wherein compensation to the tune of Rs.15,000/- along with interest @ 7% per annum from the date of filing of the claim application has been granted on account of injuries sustained by one Dhoba Sahoo in the motor vehicular accident dated 19 th November, 1999.

4. Upon hearing both parties and considering the nature of injuries as well as period of treatment of the injured and the fact that he died in the meantime during pendency of the claim application, a further consolidated sum of Rs.50,000/- is proposed to the parties. This is agreed by Mr. Das, learned senior counsel for the Appellant and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.50,000/- (fifty thousand) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the Appellant on such terms and proportion to be decided by the learned tribunal.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack