Babaji Charan Mahakud vs Manas Ranjan Mishra & Another
2023 Latest Caselaw 7639 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.790 of 2018
                 Babaji Charan Mahakud                    ....          Appellant
                                                      Mr. P.K. Mishra, Advocate
                                        -versus-
                 Manas Ranjan Mishra & Another
                                                        ....       Respondents
                                 Mr. Somnath Roy, counsel for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                       ORDER

14.7.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the injured - claimant

- Appellant and Mr. S. Roy, learned counsel for the insurer - Respondent No.2.

3. Present appeal is against judgment dated 16th April, 2018 of learned 1st MACT, Bhadrak passed in MAC Case No.146 of 2015, wherein compensation to the tune of Rs.1,50,000/- along with interest @ 7.5% per annum from the date of filing of the claim application has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 25th January, 2015.

4. Upon hearing both parties and considering all such grounds of challenge advanced including the nature of injuries and period of treatment, a further consolidated sum of Rs.1,25,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the injured -

claimant and Mr. Roy, learned counsel for 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 to deposit a further consolidated sum of Rs.1,25,000/- (one lakh twenty- five 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. It is made clear that this court has not disturbed the right of recovery as granted by the tribunal in favour of the Appellant.

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: 18-Jul-2023 12:38:48