Allowed

Suria Behera v. Dibakara Patra

Orissa HC20 Jul 2023MACA/723/2013

Case brief

AI extract

What is this about?

The High Court allowed an appeal filed by the claimant against the Motor Accidents Claims Tribunal. The court modified the compensation amount from Rs.10,000/- to Rs.35,000/- and directed the insurer to deposit the consolidated sum. The order was disposed of with a two-month timeline for deposit.

What did the court decide?

Modified compensation fixed at Rs.35,000/-; directed Insurance Company to deposit the sum within two months.

Suria Behera Vs Dibakara Patra — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.723 of 2013

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Smt. Suria Behera

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…. Appellant Mr. B.P. Mohanty, Advocate

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-versus-

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Dibakar Patra and another

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…. Respondents

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Mr. G.C. Samantaray, Advocate for Respondent No.2 Mr. P.K. Mahali, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

20.07.2023

Order No.

Heard Mr. B.P. Mohanty, learned counsel for the Appellantclaimant, Mr. G.C. Samantaray, learned counsel for the Respondent No.2-Insurance Company and Mr. P.K. Mahali, learned counsel for the Respondent No.1-owner.

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Present appeal by the Appellant-claimant is directed against the judgment dated 26.06.2013 of learned 3^rd MACT, Puri in M.A.C. No.180/185 of 1999/1995, wherein the learned Tribunal has granted compensation to the tune of Rs.10,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application, i.e.20.6.1995 on account of injury sustained by her in the motor vehicular accident dated 16.11.1994.

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It is submitted that the award amount as per the direction of the learned Tribunal has not yet been deposited by the insurerRespondent No.2.

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Signature Not Verified

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Page 1 of 2

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2023 14:17:52

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Upon hearing all the parties and considering all such grounds of challenge advanced as well as the nature of injuries mentioned in the injury report under Ext.1, the award amount is modified to Rs.35,000/- (rupees thirty-five thousand) consolidated. Mr. B.P. Mohanty, learned counsel for the claimant-Appellant agrees to the same. The compensation amount is accordingly fixed to that extent.

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In the result, the appeal is disposed of with a direction to the Insurance Company to deposit the consolidated sum of Rs.35,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed to the

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claimant-Appellant.

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An urgent certified copy of this order be granted on proper

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application.

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( B.P. Routray)
Judge

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B.K. Barik

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jul-2023 14:17:52

Suria Behera v. Dibakara Patra

Case brief

What is this about?

What did the court decide?

Suria Behera v. Dibakara Patra

Case brief

What is this about?

What did the court decide?

What the court decided

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