Allowed

Rajendra Patra v. Susama Samal

Orissa HC11 Apr 2023MACA/302/2017

Case brief

AI extract

What is this about?

The High Court allowed an insurance company appeal filed against a Motor Accident Claims decision, condoned the delay in filing, and directed the insurer to deposit further consolidated compensation of Rs. 2,00,000 to the claimant within two months.

What did the court decide?

Direction to the Insurer to deposit Rs.2,00,000/- further consolidated compensation before the Tribunal within two months.

Rajendra Patra Vs Susama Samal — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.302 of 2017

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Rajendra Patra

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Appellant

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Mr.B.N.Samantaray, Advocate

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-versus-

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Susama Samal & Anr.

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…. Respondents

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Mr.G.P.Dutta, Advocate

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

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ORDER

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11.04.2023

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M.C. No. 1426 of 2017

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Order No.

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The matter is taken up through hybrid mode.

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Heard Mr.Samantray, learned counsel for the Appellant & Mr.Dutta, learned counsel for the Respondents.

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

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I.A. is disposed of.

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MACA No. 302 of 2017

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Present appeal by the Insurer is directed against judgment dated 5^th November, 2016 of District Judge-cum-1^st M.A.C.T., Kendrapara in MAC No.36 of 2013, wherein compensation to the tune of Rs.1,23,600/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 31^st January, 2013.

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Page 1 of 2

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Upon hearing both parties and considering all such grounds of challenge advanced including the extent and nature of disability sustained by the Claimant, a further consolidated compensation of Rs.2,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Samantaray, learned counsel for the claimants. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

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In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.2,00,000/- (Two lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

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Urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge

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S.Das

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Rajendra Patra v. Susama Samal

Case brief

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Rajendra Patra v. Susama Samal

Case brief

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