Sk. Samir @ Sabir Khan vs Jaydev Rout And Another
2023 Latest Caselaw 1395 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.641 of 2017

            Sk. Samir @ Sabir Khan
                                                         ....        Appellant
                                                     Mr.P.K. Mishra, Advocate

                                          -versus-

            Jaydev Rout and another               ....       Respondents
                           Mr.G.P. Dutta, Advocate for Respondent No. 2


                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                        ORDER

09.02.2023 Order No.

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

2. Heard Mr. Mishra, learned counsel for the Appellant and Mr. Dutta, learned counsel for Respondent No.2.

3. Present appeal by the Claimant is directed against judgment dated 28th March 2017 of 5th M.A.C.T., Mayurbhanj, in MAC No.10 of 2015, wherein compensation to the tune of Rs.2,65,000/- has been granted along with interest @7% 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 8th November, 2014.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated compensation of Rs.1,30,000/- is proposed to the parties in course

of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.1,30,000/- (one lakh thirty thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

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

( B.P. Routray) Judge

S.Das