A. Subramaniam vs P. Nageswar Rao And Another
2023 Latest Caselaw 363 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.805 of 2019
                 A. Subramaniam                           ....          Appellant
                                                     Mr. H.P. Mohanty, Advocate
                                           -versus-
                 P. Nageswar Rao and Another              ....       Respondents
                             Mr. P.K. Mkishra (1), counsel for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

10.1.2023 Order No.

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

2. Heard Mr. H.P. Mohanty, learned counsel for the claimant - Appellant and Mr. P.K. Mishra (1), learned counsel for the insurer - Respondent No.2.

3. Present appeal is directed against the impugned common judgment dated 3rd August, 2019 of learned Member, 2nd MACT (Southern Division), Berhampur, Ganjam passed in MAC No.285 of 2014 (239/2013-GDC) and 54 of 2015 (240/2013-GDC). Present appeal is in respect of MAC No.54 of 2015 (240/2013-GDC), wherein compensation to the tune of Rs.7,500/- along with interest @ 7% per annum from the date of filing of the claim applications, i.e. 27th August, 2013 has been granted on account of injuries sustained by the injured - claimant in the motor vehicular accident dated 19th/20th August, 2012.

4. Upon hearing both parties and considering the nature of injuries mentioned in Ext.14 - the injury report, and the undisputed fact that the injured was the helper of the truck, the insurer - Respondent No.2 is liable to pay a further consolidated sum of Rs.10,000/- to the Appellant.

5. In the result the appeal is disposed of with a direction to the insurer, i.e. New India Assurance Co. Ltd. to deposit a further consolidated sum of Rs.10,000/- (ten 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.

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

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