Smt.Uma Behera vs Dibakar Patra And Another
2023 Latest Caselaw 7848 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     MACA No.724 of 2013

                               Smt.Uma Behera                          ....         Appellant
                                                                 Mr. B.P. Mohanty, Advocate
                                                         -versus-
                               Dibakar Patra and another               ....      Respondents
                                         Mr. G.C. Samantaray, Advocate for Respondent No.2
                                              Mr. P.K. Mahali, Advocate for Respondent No.1

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                         ORDER

20.07.2023 Order No.

09. 1. Heard Mr. B.P. Mohanty, learned counsel for the Appellant-

claimant, Mr. G.C. Samantaray, learned counsel for the Respondent No.2-Insurance Company and Mr. P.K. Mahali, learned counsel for the Respondent No.1-owner.

2. Present appeal by the Appellant-claimant is directed against the judgment dated 26.06.2013 of learned 3rd MACT, Puri in M.A.C. No.180 of 1995, wherein the learned Tribunal has granted compensation to the tune of Rs.10,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application, i.e.20.6.1995 on account of injury sustained by her in the motor vehicular accident dated 16.11.1994.

3. It is submitted that the award amount as per the direction of the learned Tribunal has not yet been deposited by the insurer- Respondent No.2.

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 14:17:52

4. Upon hearing all the parties and considering all such grounds of challenge advanced as well as the nature of injuries mentioned in the injury report under Ext.1, the award amount is modified to Rs.35,000/- (rupees thirty-five thousand) consolidated. Mr. B.P. Mohanty, learned counsel for the claimant-Appellant agrees to the same. The compensation amount is accordingly fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurance Company to deposit the consolidated sum of Rs.35,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimant-Appellant.

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

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 14:17:52