Bana Bihari Pattnaik v. Niru Swain

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.781 of 2020 Bana Bihari Pattnaik ....

Appellant Mr. P.K. Mishra, Advocate -versusNiru Swain and another ....

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

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

30.09.2022 Order No.

07.

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

2. Present appeal by the claimant is directed against the award dated 10.09.2020 of the learned 5th MACT, Puri in MAC No.17/440 of 2020/17 wherein the learned Tribunal has granted compensation to the tune of Rs.8,44,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application i.e.26.12.2017 on account of injury sustained by him in the motor vehicular accident dated 07.04.2017.

3. Upon hearing both the parties and considering the extent of physical impairment as well as the profession of the injured and addition of future prospects, a further consolidated sum of Rs.9,00,000/- (rupees nine lakhs) is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimant-Appellant agrees to the same and Mr. S.K. Mohanty,

learned counsel for Respondent No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Accordingly, the Insurance Company is directed to deposit the further consolidated sum of Rs.9,00,000/- 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 proportion 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