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Sabir Ansari Vs Mote Buchaiah — Arbitration | Orissa HC (2022)

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Orissa HC
2022
Sabir Ansari Vs Mote BuchaiahSabir Ansari v. Mote Buchaiah

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Sabir Ansari v. Mote Buchaiah

Orissa HC7 Dec 2022MACA/107/2022

Case brief

AI extract

What is this about?

This order in an accidental death compensation appeal fixes a further consolidated sum of Rs.80,000 as the total compensation to the appellant claimant for injuries sustained in a motor vehicle accident. The Insurance Company is directed to deposit the amount before the Tribunal.

What did the court decide?

Insurance Company directed to deposit Rs.80,000 as further consolidated compensation to the claimant.

What the court decided

AI extract

Outcome

Insurance Company directed to deposit Rs.80,000 as further consolidated compensation to the claimant.

Issue for consideration

Whether the compensation awarded by the Tribunal requires enhancement?

Detailed headnote1 paragraphs

This court enhanced the compensation awarded by the Motor Accident Claims Tribunal in a motor accident claim from Rs.7,09,800 to a further consolidated sum of Rs.80,000. The claimant and the Insurance Company agreed to this figure in course of hearing.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.107 of 2022

Sri Sabir Ansari

…. Appellant Mr. B.B. Singh, Advocate

-versus-

Mote Buchaiah and another …. Respondents Mr. P.K. Mahali, Advocate for Respondent No.2

CORAM: JUSTICE B. P. ROUTRAY

ORDER

07.12.2022

Order No.

Heard Mr. B.B. Singh, learned counsel for the Appellantclaimant as well as Mr. P.K. Mahali, learned counsel for the Respondent No.2-Insurance Company.

Present appeal by the claimant is directed against the award dated 13.01.2022 of the learned 5^th MACT, Balasore in M.A.C. Case No.05-2021/487-2017, wherein the learned Tribunal has granted compensation to the tune of Rs.7,09,800/- along with interest @7.5% per annum to the claimant from the date of filing of the claim application i.e.23.10.2017 on account of injury sustained by him in the motor vehicular accident dated 16.09.2017.

Upon hearing both parties and considering the grounds of challenge advanced, a further consolidated sum of Rs.80,000/(rupees eighty thousand) is proposed to the parties in course of hearing. Mr. B.B. Singh, learned counsel for the claimantAppellant agrees to the same and Mr. P.K. Mahali, learned

Page 1 of 2

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

Accordingly, the Insurance Company is directed to deposit the further consolidated sum of Rs.80,000/- before the Tribunal within a period of two months from today, where-after the same shall be disbursed to the claimant.

The MACA is disposed of.

An urgent certified copy of this order be granted on proper

application.
( B.P. Routray)
Judge

B.K. Barik

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the compensation awarded by the Tribunal requires enhancement?

Statutes considered

1 provisions across 1 enactments

AI extract

motor-accident-claimsMACA Case No.05-2021/487-2017

Parties & counsel

AI extract

appellant
Sri Sabir Ansari
respondent
Mote Buchaiah and another

Coram

AI extract

B. P. Routray
B.K. Barik

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 7 Dec 2022 · December
Registered: 9 Mar 2022
Case no.: MACA/107/2022
CNR: ODHC010154082022
Topic: Arbitration
Bench: B. P. Routray
Disposal: Disposed Off

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Cite this judgement

Sabir Ansari v. Mote Buchaiah, MACA/107/2022 (OD), decided on 7 December 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

motor-accident-claimsMACA Case No.05-2021/487-2017

View all statutes

Bench / Coram

B. P. Routray and B.K. Barik

Parties & counsel