Rohit Kumar Puhan vs Tapan Kumar Sethy And Another
2023 Latest Caselaw 9098 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1178 of 2016
                 Rohit Kumar Puhan                        ....           Appellant
                                          Mr. Bijaya Kumar Behera-1, Advocate
                                            -versus-
                 Tapan Kumar Sethy and Another            ....        Respondents
                                Mr. P.K. Mahali, counsel for Respondent No.2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

11.8.2023 Order No.

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

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

3. Present appeal by the injured - claimant - Appellant is directed against the impugned judgment dated 24th September, 2016 of learned 4th MACT, Cuttack passed in MAC Case No.938 of 2012 / 305 of 2014, wherein compensation to the tune of Rs.50,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 22nd December, 2012 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 16th February, 2011.

4. Upon hearing both parties and considering all such grounds of challenge advanced including sustenance of permanent disability to the extent of 40%, a further consolidated sum of Rs.50,000/- is proposed to the parties. This is agreed by Mr. Behera, learned counsel for the injured - claimant and Mr. Mahali, 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 injured - claimant- Appellant.

6. It is made clear that this court has not disturbed the right of recovery granted by the tribunal in favour of the insurer.

7. 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 Date: 11-Aug-2023 15:24:33