Harish Chandra Sahani vs Ganeswar Dugal And Another
2023 Latest Caselaw 5672 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.227 of 2016

                 Harish Chandra Sahani                     ....           Appellant
                                                       Mr. P.K. Mishra, Advocate
                                            -versus-
                 Ganeswar Dugal and Another                ....       Respondents
                                    Mr. G.P. Dutta, counsel for Respondent No.2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

10.5.2023 Order No.

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

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

3. Present appeal by the claimant - Appellant is directed against the impugned judgment dated 2nd January, 2016 of learned 3rd MACT, Phulbani passed in MAC No.1 of 2014, wherein compensation to the tune of Rs.1,72,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 7th January, 2014 has been granted on account of injuries sustained by the injured - claimant in the motor vehicular accident dated 20th August, 2013.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further compensation of Rs.1,70,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the injured - claimant and Mr. Dutta, learned counsel for the 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 - Respondent No.2 to deposit further consolidated compensation of Rs.1,70,000/- (one lakh seventy 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 learned tribunal.

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

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

Digitally signed by MANAS KUMAR MANAS KUMAR PANDA PANDA Date: 2023.05.11 19:04:42 +05'30'