Benudhar Das vs Bharat Trans. Md. Chitaranjan ...
2023 Latest Caselaw 2494 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.214 of 2022
                 Benudhar Das                            ....           Appellant
                                              Mr. Bishnubrata Singh, Advocate
                                           -versus-
                 Bharat Trans. Md. Chitaranjan Jena      ....        Respondent
                 and Another
                                   Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

28.3.2023 Order No.

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

2. Heard Mr. B.B. Singh, learned counsel for the injured - claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the injured-claimant is directed against the impugned judgment dated 8th October, 2020 of learned 1st MACT, Balasore passed in MAC Case No.63 of 2018, wherein compensation to the tune of Rs.9,28,658/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 26th February, 2018 has been granted on account of injuries sustained by the injured- claimant in the motor vehicular accident dated 19th December, 2017.

4. Upon hearing both parties and considering all such ground of challenge advanced including non-addition of future prospect and inadequate amount towards pain and sufferings, a further consolidated sum of Rs.3,20,000/- is proposed to the parties. This is agreed by Mr. Singh and Mr. Dutta 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 - Respondent No.2 to deposit a further consolidated sum of Rs.3,20,000/- (three lakhs twenty 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 on such terms and proportion to be decided by the learned tribunal.

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

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