Brundaban Das vs Smt. Sabitri Sahani And Another
2024 Latest Caselaw 16246 Ori

Orissa High Court

Brundaban Das vs Smt. Sabitri Sahani And Another on 5 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 06-Nov-2024 13:50:12



                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                         MACA No.18 of 2017
                        Brundaban Das                               ....         Appellant
                                                                Mr. P.K. Mishra, Advocate
                                                     -versus-
                        Smt. Sabitri Sahani and Another             ....       Respondent
                                         Mr. P.R. Sinha, counsel for Respondent No.2
                                   CORAM:
                                   SHRI JUSTICE B. P. ROUTRAY
                                                  ORDER

5.11.2024 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellant and Mr. P.R. Sinha, counsel for insurer - Respondent No.2.

3. Present appeal by the claimant - Appellant is directed against the impugned judgment dated 27th October, 2016 of learned 1st MACT, Jajpur passed in MAC Case No.86 of 2011, wherein compensation to the tune of Rs.3,02,300/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 25th July, 2011 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 20th December, 2009.

4. Upon hearing both parties and considering all such grounds of challenge advanced in the appeal as well as in the cross-appeal, a further consolidated sum of Rs.60,000/- is directed in favour of the claimant. This is agreed by Mr. Mishra, learned counsel for the claimant - Appellant and Mr. Sinha, 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.60,000/- (sixty thousand) 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