Ashok Kulhari v. Sovana Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.1359 of 2017 Ashok Kulhari ....

Appellant Mr. S.B. Das, Advocate on behalf of Mr. I. Palbabu, Advocate -versusSovana Nayak and another ....

Respondents Mr. S. Satapathy, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

23.12.2022 Order No.

14.

1. Heard Mr. S.B. Das on behalf of Mr. I. Palbabu, learned counsel for the Appellant-claimant as well as Mr. S. Satapathy, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellant-claimant is directed against the judgment dated 20.04.2017 of the learned 1st MACT, Mayurbhanj, Baripada in M.A.C. Case No.37 of 2016, wherein the learned Tribunal has granted compensation to the tune of Rs.3,00,000/- along with simple interest @7% per annum with pendent lite and future interest to the claimant from the date of filing of the claim application i.e. 19.2.2016 on account of injury sustained by him in the motor vehicular accident dated 27.11.2015.

3. Upon hearing both the parties and considering the grounds of challenge as advanced, a further consolidated sum of

Rs.2,25,000/- (rupees two lakhs twenty-five thousand) is proposed to the parties in course of hearing keeping in view the age and income of the injured as well as the disability. Mr. S.B. Das, learned counsel for the claimant-Appellant agrees to the same and Mr. S. Satapathy, learned counsel for Respondent No.2Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. The Insurance Company is directed to deposit the further consolidated sum of Rs.2,25,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the claimant on such terms and proportions to be decided by the learned Tribunal.

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