Nirakar Das v. Rajesh Kundu

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.387 of 2017 Nirakar Das ....

Appellant Mr. S.B. Das, Advocate -versusRajesh Kundu and another ....

Respondents Mr. P.K. Mahali, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

21.10.2022 Order No.

05.

1. Heard Mr. S.B. Das, learned counsel for the Appellantclaimant as well as Mr. P.K. Mahali, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the claimant is directed against the award dated 08.12.2016 of the learned 2nd MACT, Cuttack in Misc. Case No.446 of 2010 wherein the learned Tribunal has granted compensation to the tune of Rs.65,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application i.e. 28.04.2010 on account of injury sustained by him in the motor vehicular accident dated 23.04.2010.

3. Upon hearing both parties and considering the grounds of challenge advanced, a further consolidated sum of Rs.10,000/- (rupees ten thousand) is proposed to the parties in course of hearing. Mr. S.B. Das, learned counsel for the claimantAppellant agrees to the same and Mr. P.K. Mahali, 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. Accordingly, 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