Sri Deba Sethi vs Panchu Parida And Another
2023 Latest Caselaw 2256 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                   MACA No.549 of 2010 & MACA No.550 of 2010
             In MACA No.549 of 2010
            Sri Deba Sethi                             ....          Appellant
                                                      Ms. R. Nayak, Advocate
                                     -versus-
            Panchu Parida and another            ....       Respondents
                     Mr. G.C. Samantaray, Advocate for Respondent No.2

            In MACA No.550 of 2010
            Sri Brundaban Mallick                      ....          Appellant
                                                      Ms. R. Nayak, Advocate
                                     -versus-
            Panchu Parida and another            ....       Respondents
                     Mr. G.C. Samantaray, Advocate for Respondent No.2
                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

20.03.2023 Order No. MACA No.549 of 2010 and MACA No.550 of 2010

15. 1. Heard Ms. R. Nayak, learned counsel for the Appellant-

claimant and Mr. G.C. Samantaray, learned counsel for the Respondent No.2-Insurance Company in both the appeals.

2. Both the appeals being arise out of the common judgment dated 31.3.2010 of learned 4th MACT, Bhubaneswar in M.A.C. No.9 of 2004 and M.A.C. No.8 of 2004 respectively, wherein compensation to the tune of Rs.35,000/- has been granted along with interest @7% per annum to each injured-claimant from the date of filing of the claim application, i.e.5.4.2004 on account of

injury sustained by them in a motor vehicular accident dated 5.3.2004, are heard together and disposed of by this common order.

3. Though Ms. Nayak, learned counsel submits for the injured- claimants that the claimants sustained permanent disability due to the injuries, but on verification of record no such disability certificate is found on behalf of the claimants. The injured- claimants also did not say about sustenance of any permanent disability due to such injuries in the accident. Nevertheless, it is seen that the injured-claimants were under treatment for around one month in M.K.C.G. Medical College & Hospital, Berhampur as indoor patients. Keeping in view all such factors, a further sum of Rs.25,000/- (rupees twenty-five thousand) is directed in their favour.

4. In the result, both the appeals are disposed of with a direction to Respondent No.2-New India Assurance Co. Ltd. to pay the further consolidated amount of Rs.25,000/- in favour of each claimants in M.A.C. No.9 of 2004 and M.A.C. No.8 of 2004 respectively, by depositing the same before learned Tribunal within a period of two months from today, whereafter the same shall be disbursed in favour of respective claimants.

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

( B.P. Routray) Judge B.K. Barik