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Orissa High CourtMACA/228/2021disposed off

Chandrabhanu Padhan v. Sitaram Panda

2022-11-29Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.228 of 2021 Chandrabhanu Padhan ....

Appellant Mr. S. B. Das, Advocate -versusSitaram Panda and another ....

Respondents Mr. S.K. Mohanty, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

29.11.2022 Order No.

04.

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

2. Present appeal is directed against the award dated 22.04.2021 of learned 4th MACT, Cuttack in MAC Case No.468 of 2014, wherein the learned Tribunal has granted compensation to the tune of Rs.30,000/- along with simple interest @6% per annum to the claimant from the date of filing of the claim application i.e. 14.07.2014 on account of injury sustained to the minor son of the Appellant in the motor vehicular accident dated 22.12.2013.

3. Mr. Das, learned counsel for the Appellant-claimant challenges quantification of the compensation amount mainly on the ground that, the medical expenses are much higher than the amount

granted by the learned Tribunal. He thus prays for enhancing the same.

4. Upon hearing Mr. S.K. Mohanty, learned counsel for the insurer and perusal of the impugned judgment, it reveals that the injured minor son of the Appellant sustained fracture of shaft of femur (mid 1/3rd) and he underwent treatment in Sonepur Govt. Hospital as well as VSS Medical College and Hospital, Burla from 23.12.2013 to 27.12.2013 and again on 24.01.2014. Thus considering the nature of injury and period of treatment in the hospitals, which are Govt. Hospitals, a further consolidated sum of Rs.20,000/- is granted to the claimant.

5. Accordingly, the appeal is disposed of with a direction to the insurer-Respondent No.2 to deposit the further consolidated sum of Rs.20,000/- (rupees twenty thousand) before the Tribunal within a period of two months from today, which shall be disbursed to the claimant-Appellant.

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

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