Nirmala Sethi vs Prasanta Kumar Nayak & Anr
2023 Latest Caselaw 11086 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 13-Sep-2023 13:48:09




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                          MACA No.411 of 2016

                                 Nirmala Sethi                               ....        Appellant
                                                                            Mr.K.K.Jena, Advocate

                                                               -versus-

                                 Prasanta Kumar Nayak & Anr.                 ....      Respondents
                                                                              Mr.S.Roy, Advocate


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                             ORDER

11.09.2023 Order No.

10. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Jena, learned counsel for the Appellant and Mr. Roy, learned counsel for Respondent No.2.

3. Present appeal by the Claimant is directed against judgment dated 21st January, 2016 of 2nd M.A.C.T., Cuttack passed in Misc Case No.670 of 2000, wherein compensation to the tune of Rs.35,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 27th April, 2000.

4. Mr.Jena submits that the Claimant has 30% physical disability due to the injuries sustained in the accident and in support of his contention, the disability certificate is filed by way of additional evidence.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Sep-2023 13:48:09

5. It is seen that the accident took place on 27th April, 2000 and notably the disability certificate is issued on 8th July, 2022, i.e. after 22 years of the accident. Thus, considering all such submissions made on behalf of the Claimant, in the opinion of this Court, a further consolidated sum of Rs.20,000/- would serve the purpose. Mr.Jena, learned counsel for the Appellant agrees to the same.

6. 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.20,000/- (Twenty thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant.

7. It is made clear that the recovery right granted in favour of the Insurer-Respondent No.2 by the Tribunal is left undisturbed by this Court.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das