Ram Bhawan Yadav v. Aftab Hussain

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.837 of 2015 Ram Bhawan Yadav ....

Appellant Mr. P.K. Nayak, Advocate -versusAftab Hussain and others ....

Respondents Mr. A.A. Khan, Advocate for Respondent Nos.2 & 3 .

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

24.08.2022 Order No.

05.

1. Heard Mr. P.K. Nayak, learned counsel for the Appellantclaimant as well as Mr. A.A. Khan, learned counsel for Respondent Nos.2 & 3-Insurnace Company.

2. Present appeal by the injured-claimant is directed against the judgment dated 27.03.2015 of learned 3rd M.A.C.T., Rourkela in MAC Case No.353 of 2011 wherein compensation to the tune of Rs.96,120/- has been granted to the claimant on account of injury sustained in the motor vehicular accident dated 29.5.2011.

3. Upon hearing both the parties and perusal of the impugned judgment, it reveals that though the Tribunal has granted compensation of Rs.96,120/-, but did not grant interest on the same. Keeping in view the provisions contained under Section 171 of the M.V. Act, the direction of the learned Tribunal is modified to the extent that such compensation amount is payable

with interest @6% per annum from the date of filing of the claim application till the date of deposit of the same, where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be decided by the Tribunal.

4. With aforesaid direction, the appeal is disposed of.

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

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