Bijay Baibhav Ray v. Rajesh Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.355 of 2018 Bijay Baibhav Ray ....

Appellant Mr. D.C. Dey, Advocate -versusMr. Rajesh Nayak and another ....

Respondents Mr. A.A. Khan, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

13.12.2022 Order No.

09.

1. Heard Mr. D.C. Dey, learned counsel for the Appellantclaimant as well as Mr. A.A. Khan, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellant-claimant is directed against the common judgment dated 26.12.2017 of the learned 4th MACT, Cuttack in M.A.C. No.293 of 2013/138 of 2016, wherein the learned Tribunal has granted compensation to the tune of Rs.50,000/- along with interest @6% per annum to the claimant from the date of filing of the claim application i.e. 17.05.2013 on account of injury sustained by him in the motor vehicular accident dated 18.04.2013.

3. Upon hearing both the parties and considering the nature of injury mentioned in the injury report under Ext.34 and his period of treatment as per Ext.35, a further consolidated sum of

Rs.10,000/- (rupees ten thousand) is proposed to the parties in course of hearing. Mr. D.C. Dey, learned counsel for the claimant-Appellant agrees to the same and Mr. A.A. Khan, learned counsel for Respondent No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. The Insurance Company is directed to deposit the further consolidated sum of Rs.10,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimant.

5. The MACA is disposed of.

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

( B.P. Routray) Judge B.K. Barik