Nageswar Tape v. Abhimanyu Ghadei

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.900 of 2018 Nageswar Tape ....

Appellant Mr. K.K. Das, Advocate -versusAbhimanyu Ghadei and Another ....

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

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

20.10.2022 Order No.

04.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. K.K. Das, learned counsel for the claimant - Appellant and Mr. S. K. Mohanty, learned counsel for insurer - Respondent No.2.

3.

Present appeal by the claimant is against the impugned judgment dated 27th March, 2018 of the learned 2nd MACT, Cuttack passed in Misc. Case No.964 of 2005, wherein compensation to the tune of Rs.60,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 23rd December, 2005 has been granted on account of injuries sustained by the injured in the motor vehicular accident dated 9th February, 2005.

4.

Upon hearing both parties and considering the grounds of challenge as advanced, a further consolidated sum of Rs.1,25,000/- is proposed to the parties. This is agreed by Mr. Das, learned counsel for the claimant - Appellant and Mr. Mohanty, 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.1,25,000/- (one lakh twenty five thousand) before the tribunal within a period of two months from today, which shall be disbursed in favour of the claimant.

6.

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