Samsad Bibi@Begum v. Khirod Ku.Swain

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.294 of 2019 Samsad Bibi @ Begum ....

Appellant Mr. P.K. Mishra, Advocate -versusKhirod Kumar Swain and Another ....

Respondents Mr. G.P. Dutta, counsel for Respondent No.2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

17.11.2022 Order No.

11.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellant and Mr. G.P. Dutta, learned counsel for the insurer - Respondent No.2.

3.

Present appeal by the claimant is against the impugned judgment dated 18th March, 2019 of the learned 3rd MACT, Cuttack passed in MAC Case No.674 of 2013 wherein compensation to the tune of Rs.3,65,600/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 28th October, 2013 has been granted on account of injuries sustained by the injured - claimant in the motor vehicular accident dated 24th April, 2013. 4.

Upon hearing both parties and considering all such grounds of challenge including addition of future prospects and keeping in mind the prescribed rate of minimum wages prevalent on the date of accident, a further consolidated sum of Rs.6,00,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the

claimant - Appellant and Mr. Khan, 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 consolidated sum of Rs.6,00,000/- (six lakhs) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellant on such terms and proportion to be decided by the learned tribunal.

6.

The power filed by Mr. Dutta is kept on record. 7.

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