Tikam Behera vs Amir Kumar Patra & Anr
2023 Latest Caselaw 11335 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Sep-2023 17:18:51




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.800 of 2018

                                 Tikam Behera                               ....         Appellant
                                                                         Mr.A.S.Nandy, Advocate

                                                             -versus-

                                 Amir Kumar Patra & Anr.                     ....     Respondents
                                                                        Mr.S.K.Mohanty, Advocate


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

15.09.2023 Order No.

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

2. Heard Mr. Nandy, learned counsel for the Appellant and Mr. Patra, learned counsel for Respondents.

3. Present appeal by the Claimant is directed against judgment dated 31st October, 2017 of 1st M.A.C.T-cum-District Judge., Dhenkanal passed in MAC Case No.311 of 2014, wherein compensation to the tune of Rs.1,71,400/- 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 6th November, 2014.

4. Upon hearing both parties and considering the fact of permanent disability to the extent of 50% suffered by the injured, a further consolidated compensation of Rs.1,25,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Nandy,

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Sep-2023 17:18:51

learned counsel for the claimant. Mr.Mohanty, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.1,25,000/- (One lakh twenty five thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant.

6. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the Appellant-Insurer.

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

( B.P. Routray) Judge

S.Das