Gorodia Surana vs K.Venkata Siva Prasad
2023 Latest Caselaw 9675 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:15:08




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.99 of 2009

                                Gorodia Surana                           ....         Appellant
                                                                        Mr.J.R.Dash, Advocate

                                                            -versus-

                                K.Venkata Siva Prasad                     ....       Respondent
                                                                                    None

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                          ORDER

21.08.2023 Order No.

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

2. Heard Mr. Dash, learned counsel for the Appellant.

3. Present appeal by the injured Claimant is directed against judgment dated 29th October, 2008 of Additional District Judge-cum-3rd M.A.C.T., Rayagada, in MAC No.1 of 2003, wherein compensation to the tune of Rs.13,000/- has been granted along with interest @8% 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 26th July, 2000.

4. The Appellant-claimant was injured in the motor- vehicular accident dated 26th July, 2000. Mr. Dash submits for the Appellant that the injured was hospitalized for a period of 51 days due to such injuries sustained in the accident and he also incurred expenses towards future medical treatment. But despite

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 13:15:08

all such contentions, no injury report could be produced in support of the claim of the injured. As per the finding of the Tribunal the injured sustained fracture of right leg and accordingly the compensation amount is computed at Rs.13,000/- payable along with interest.

5. Upon hearing Mr.Dash and keeping in view the nature of injuries as well as the date of accident and place of residence of the injured, I do not see any merit in the contention of the Appellant to enhance the amount, particularly in absence of the copy of the injury report.

6. In the result, the appeal is dismissed.

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

( B.P. Routray) Judge

S.Das