Manjulata Sahoo v. Sk.Sahajan

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.1056 of 2015 Smt. Manjulata Sahoo ....

Appellant Mr. K.C. Nayak, Advocate -versusSk. Sahajan and Another ....

Respondents Mr. S. Satpathy, counsel for Respondent No.2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

17.10.2022 Order No.

15.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. K.C. Nayak, learned counsel for the claimant - Appellant and Mr. S. Satpathy, learned counsel for insurer - Respondent No.2.

3.

Present appeal by the claimant is against the impugned judgment dated 26th February, 2015 of the learned 1st MACT, Jajpur passed in MAC Case No.145 of 2012 wherein compensation to the tune of Rs.3,93,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 28th December, 2012 has been granted on account of injuries sustained by the injured in the motor vehicular accident dated 10th September, 2010. 4.

Upon hearing both parties and considering the grounds of challenge as advanced, a further consolidated sum of Rs.70,000/- is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant - Appellant and Mr. Satapathy, learned counsel for

the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent. 5.

In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further sum of Rs.70,000/- (seventy thousand) consolidated 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 proportion to be decided by the tribunal. However, it goes without saying that this court has not disturbed the right of recovery as granted by the tribunal in favour of the insurer.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda