Purna Chandra Mohanty vs Sk. Nooruddin And Another
2023 Latest Caselaw 11558 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.463 of 2011
                 Purna Chandra Mohanty                       ....           Appellant
                                                         Mr. S. Mohanty, Advocate
                                              -versus-
                 Sk. Nooruddin and Another                   ....         Respondent
                                       Mr. S.A. Ali, counsel for Respondent No.3
                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

22.9.2023 Order No.

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

2. Heard Mr. S. Mohanty, learned counsel for the claimant - Appellant and Mr. S.A. Ali, counsel for insurer - Respondent No.2.

3. Present appeal by the claimant - Appellant is directed against the impugned judgment dated 3rd January 2011 of learned 2nd MACT, Cuttack passed in Misc. Case No.359 of 1992, wherein compensation to the tune of Rs.83,700/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 7 th May 1992 has been granted on account of death of deceased in the motor vehicular accident dated 31st January, 1992.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated sum of Rs.1,00,000/- is directed in favour of the claimant. This is agreed by Mr. Mohanty, learned counsel for the claimant - Appellant and Mr. Alli, learned counsel for the insurer leaves it to the discretion of the court.

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.1,00,000/- (one lakh) before the tribunal, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant- Appellant 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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack