Allowed

Jaladhar Dey v. Indramani Nath

Orissa HC1 Feb 2023MACA/197/2017

Case brief

AI extract

What is this about?

The High Court, by order, condoned the delay in filing the appeal in a motor accident compensation matter. The court directed the insurer respondent to deposit an additional consolidated sum of Rs. 1,50,000 for the claimant's future prospects and injuries disbursed by the tribunal.

What did the court decide?

Condonation of delay; direction to respondent-insurer to deposit Rs.1,50,000/- for disbursement by the tribunal in favor of the appellant.

Jaladhar Dey Vs Indramani Nath — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.197 of 2017

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Jaladhar Dey

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Appellant

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Mr. B. Singh, Advocate

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-versus-

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Indramani Nath and Another

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…. Respondents

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Mr. G.P. Dutta, counsel for Respondent No.2

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

1.2.2023

Order No.

I.A. No.452 of 2017

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The matter is taken up through hybrid mode.

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Heard Mr. B. Singh, learned counsel for the claimant - Appellant and Mr. G.P. Dutta, learned counsel for insurer – Respondent No.2.

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Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

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The I.A. is disposed of.

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MACA No.197 of 2017

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07.

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Heard learned counsel for both parties.

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Present appeal by the claimant is directed against the impugned judgment dated 27^th August, 2016 of learned 1^st MACT, Kendrapara passed in MAC No.37 of 2012, wherein compensation to the tune of Rs.1,93,300/- along with interest @ 6% per annum from the date of

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filing of the claim application, i.e. 26^th April, 2012 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 11^th February, 2012.

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Upon hearing both parties and considering all such ground of challenge advanced including non-addition of future prospects, a further consolidated sum of Rs.1,50,000/- is proposed to the parties. This is agreed by Mr. Singh, learned counsel for the claimant – Appellant and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

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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.1,50,000/- (one lakh fifty thousand) before the tribunal, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant – Appellant on such terms and proportion to be decided by learned tribunal.

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An urgent certified copy of this order be issued as per rules.

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( B.P. Routray) Judge

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M.K.Panda

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Jaladhar Dey v. Indramani Nath

Case brief

What is this about?

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Jaladhar Dey v. Indramani Nath

Case brief

What is this about?

What did the court decide?

What the court decided

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