Biswaketu Gayan v. Rabinarayan Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.119 of 2022 Biswaketu Gayan ....

Appellant Mr. S.K. Mohanty, Advocate -versusRabinarayan Sahoo and another ....

Respondents Mr. B. Dasmohapatra, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

26.10.2022 Order No.

I.A. No.266 of 2022 04.

1. In view of the SR as no delay is there, the I.A. is disposed of. MACA No.119 of 2022

2. Heard Mr. S.K. Mohanty, learned counsel for the Appellantclaimant as well as Mr. B. Dasmohapatra, learned counsel for the Respondent No.2-Insurance Company.

3. Present appeal by the claimant is directed against the award dated 12.08.2021 of the learned 1st MACT, Kendrapara in MAC Case No.41 of 2017 wherein the learned Tribunal has granted compensation to the tune of Rs.25,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application i.e.20.06.2017 on account of injury sustained by him in the motor vehicular accident dated 17.11.2014.

4. Upon hearing both the parties and considering the nature of injuries as mentioned in Ext.5 which are three simple abrasions,

no merit is seen in the contention of the Appellant to enhance the award amount. However the insurer is directed to pay a further consolidated sum of Rs.5,000/- to the Appellant.

5. In the result, the appeal is disposed of with a direction to the Respondent No.2-Insurance Company to pay a further consolidated sum of Rs.5,000/- (rupees five thousand) to the claimant-Appellant by depositing the same before the Tribunal within a period of two months from today, where-after the same shall be disbursed to the claimant-Appellant.

6. The copy of the injury report under Ext.5 as filed by the counsel for the Appellant in course of hearing is kept on record.

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

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