Jaladhar Dey vs Indramani Nath And Another
2023 Latest Caselaw 1081 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.197 of 2017
                 Jaladhar Dey                                ....         Appellant
                                                          Mr. B. Singh, Advocate
                                              -versus-
                 Indramani Nath and Another                  ....      Respondents
                                    Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

1.2.2023 Order No. I.A. No.452 of 2017

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

2. Heard Mr. B. Singh, learned counsel for the claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

MACA No.197 of 2017

07. 5. Heard learned counsel for both parties.

6. Present appeal by the claimant is directed against the impugned judgment dated 27th August, 2016 of learned 1st MACT, Kendrapara passed in MAC No.37 of 2012, wherein compensation to the tune of Rs.1,93,300/- along with interest @ 6% per annum from the date of

filing of the claim application, i.e. 26th April, 2012 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 11th February, 2012.

7. Upon hearing both parties and considering all such ground of challenge advanced including non-addition of future prospects, a further consolidated sum of Rs.1,50,000/- is proposed to the parties. This is agreed by Mr. Singh, learned counsel for the claimant - 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.

8. 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.1,50,000/- (one lakh fifty thousand) before the tribunal, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellant on such terms and proportion to be decided by learned tribunal.

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

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