Narayan Pati v. Durga Madhab Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.418 of 2018 Narayan Pati ....

Appellant Mr.B.N.Rath, Advocate -versusDurga Madhab Panda and another .... Respondents Mr.P.K.Panda, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

03.11.2022 Order No.

5.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr. Rath, learned counsel for the Appellant and Mr. Panda, learned counsel for Respondent No.2. 3.

Present appeal by the Appellant is against the judgment dated 5th January, 2018 of the 1st Additional District Judge-cum1st MACT, Cuttack, in MAC Case No.357 of 2012, wherein compensation to the tune of Rs.2,00,000/- has been granted along with interest @6% 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 31st July, 2011. 4.

Upon hearing both parties and considering the grounds of challenge advanced, a further consolidated compensation of Rs.1,30,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr. Rath,

learned counsel for the claimant. Mr. Panda, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5.

The Insurer-Respondent No.2 is directed to deposit the further consolidated compensation of Rs.1,30,000/- (One lakh thirty 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 proportion to be fixed by the Tribunal.

6.

With aforesaid modification in the compensation amount, the appeal is disposed of.

7.

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

( B.P. Routray) Judge C.R.Biswal