Satyabhama Behera vs Krushna Chandra Patra And Another
2023 Latest Caselaw 11450 Ori

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 MACA No.51 of 2014


                           Satyabhama Behera                           ....         Appellant
                                                                    Mr.P.K.Mishra, Advocate

                                                        -versus-
                           Krushna Chandra Patra and another    ....       Respondents
                                              Mr.S.Roy, Advocate for Respondent No.2

                                      CORAM:
                                      SHRI JUSTICE B. P. ROUTRAY
                                                     ORDER

21.9.2023

Order No.

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

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

3. Present appeal by the injured claimant is directed against the judgment dated 28th September, 2013 of the Member, 5th Motor Accident Claims Tribunal, Khurda, in M.A.C. Misc. Case No.30 of 2007, wherein compensation to the tune of Rs.1,19,183/- has been granted along with interest @6% 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 21st February, 2007.

4. Upon hearing both parties and considering all such grounds of challenge advanced including sustenance of permanent Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN disability BISWAL to the extent of 40% and loss of future earning on that Reason: Authentication count, Location: Orissa High Court, Cuttacka modified compensation of Rs.2,00,000/- along with interest Date: 26-Sep-2023 17:40:31

@6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimant. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. It is submitted that though the amount as directed by the Tribunal has been deposited by the Insurer, but the same has not been received by the injured claimant till date.

6. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the modified compensation amount of Rs.2,00,000/-(Two lakhs) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

7. The cheque already deposited by the Insurer- Respondent No.2 before the Tribunal shall be returned to the Insurer.

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

( B.P. Routray) Judge

C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Sep-2023 17:40:31