Kalpataru Sha vs Akshay Kumar Deo & Anr
2023 Latest Caselaw 11680 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 29-Sep-2023 10:47:49




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       MACA No.729 of 2014

                                 Kalpataru Sha                              ....         Appellant
                                                                         Mr.K.C.Nayak, Advocate

                                                              -versus-

                                 Akshay Kumar Deo & Anr.                     ....      Respondents
                                                                         Mr.S.K.Ghose, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

26.09.2023 Order No.

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

2. Heard Mr. Nayak, learned counsel for the Appellant and Mr. Ghose, learned counsel for Respondents.

3. Present appeal by the Claimant is directed against judgment dated 20th March, 2014 of 2nd M.A.C.T., Cuttack passed in Misc Case No.41 of 1999, wherein compensation to the tune of Rs.70,000/- 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 4th July, 1997.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated amount of Rs.1,25,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Nayak, learned counsel for the claimant. Mr.Ghose, learned counsel for the Insurer leaves it to the

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Sep-2023 10:47:49

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 on such terms and proportions to be decided by learned Tribunal.

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

( B.P. Routray) Judge

S.Das