High CourtsSingle Bench(2022) 01 OHC CK 0027

Rabindra Kumar Sahoo vs Bikash Chandra Swain And Another

Orissa High Court · Decided on 6 January 2022

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
MACA No.308 of 2019

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Judgment

19 paragraphs · 281 words

B. P. Routray, J

1.

Heard Mr.D.C.Dey, learned counsel for the Appellant and Mr.P.Panda, learned counsel for the Insurer-Respondent No.2.

2.

The present appeal is directed against judgment dated 12th February, 2019 passed by the learned 3rd Addl. District Judge-Cum-4th M.A.C.T.,

Cuttack in M.A.C.Case No.896-2015/21 of 2018, wherein compensation to the tune of Rs.7,05,000/- along with interest @6% per annum has been

granted from the date of filing of the claim application i.e., 27th November, 2015 on account of injuries sustained by the Claimant in the accident dated

10th November, 2015.

3.

It is submitted by Mr.Dey, learned counsel for the Appellant that the Tribunal has failed to appreciate 20% permanent disability of the Claimant as

per the disability certificate.

4.

Having heard learned counsel for Respondent No.2-Insurer and upon perusal of the impugned judgment, without getting into further dispute of

permanent or temporary disability, and keeping in view the undisputed extent of disability up to 20%, a further sum of Rs.25,000/-(Twenty five

thousand) is enhanced in the compensation.

5.

It is submitted in course of hearing that the award amount has not been deposited yet by the Insurer-Respondent No.2.

6.

Considering the same, the Insurer-Respondent No.2 is directed to deposit the entire compensation amount of Rs.7,30,000/- (Seven lakhs thirty

thousand) before the learned Tribunal along with interest @6% per annum from the date of filing of the claim application i.e., 27th November, 2015

within a period of eight weeks from today; where-after the same shall be disbursed by the learned Tribunal in favour of the Claimant-Appellant in

terms of its order.

7.

The appeal is disposed of.

8.

Urgent certified copy of this order be granted on proper application.

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