Kartika Biswal v. Harekrushna Pradhan

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.245 of 2004 Kartik Biswal ....

Appellant -versusHarekrushan Pradhan & Ors. ....

Respondents

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

09.03.2022

06. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard learned counsel for the Appellant and learned counsel appearing for the Respondent Nos.3 & 4.

3. This Appeal has been filed by the Appellant challenging the award passed by the learned 3rd MACT, Puri in MAC No.126/145 of 91/87 on 20.02.2004.

4. It was submitted by Mr. Mohanty, learned counsel for the Appellant that learned Tribunal vide the aforesaid judgment rejected the claim of the Appellant on the grounds that the Appellant failed to produce any document in support of his injury occurred due to the accident on 27.11.1986.

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5. Accordingly, Mr. Mohanty, learned counsel for the Appellant prayed for interference of this Court in the said judgment and to award compensation in favour of the Appellant.

6. Per contra, learned counsel appearing for Respondent nos.3 and 4 while supporting the judgment submitted that learned Tribunal after due hearing of the matter rightly rejected the claim of the Appellant as the Appellant failed to produce any documents in support of his injury.

7. While perusing the impugned judgment I also found that the Appellant in support of his injury has not filed any documents.

8. Therefore, in absence of any such document in support of the injury of the appellant, no compensation would have been allowed in favour of the Appellant and learned Tribunal rightly rejected his claim.

9. Therefore, I am not inclined to interfere with the impugned judgment and the Appeal is accordingly dismissed.

(Biraja Prasanna Satapathy) Judge Sneha