Orissa High Court
Snehalata Das And Others vs Suvendu Das And Another on 5 November, 2021
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No. 92 of 2018
Snehalata Das and others ..... Appellants
Mr. B. Singh, Advocate
Vs.
Suvendu Das and another ..... Respondents
Mr.A.A. Khan, Advocate
(Respondent No.2)
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
05.11.2021
Order No. This matter is taken up through hybrid mode.
2. Heard Mr. S.B. Singh, learned counsel for the
appellants and Mr. A.A. Khan, learned counsel for
Respondent No.2. So far as respondent no.1, who is owner of
the vehicle is concerned, though notice was not made
sufficient on him, however, Mr. Singh, learned counsel for the
appellant contended that since the matter has been settled
between the appellants and respondent No.2-Insurance
Company, there is no need to wait for the service of notice on
respondent no.1. Therefore, on the consent of both the parties,
the matter is disposed of at the stage of admission.
3. The appellants had filed a motor accident claim case,
registered as M.A.C. Case No. 29 of 2016 under Section 166
of the M.V. Act, claiming for compensation of Rs.15,00,000/-
with interest for pecuniary and non-pecuniary loss caused to
them on account of death of the deceased in connection to a
vehicular accident, owing to rash and negligent driving of the
driver of a pick up van bearing Registration No. WB-33C-
4695. After due adjudication, Motor Accidents Claims
Tribunal-I, passed the judgment on 28.10.2017 directing
respondent no.2-Insurance Company to pay the compensation
amount of Rs.8,12,100/- along with interest @ 7.5% per
annum to the appellants from the date of filing of the claim
petition, i.e. from 29.01.2016 till the payment within two
months from the date of award. It was also directed that out of
the compensation amount, the appellant No.1-wife of the
deceased shall get a sum of Rs.5,12,100/- , out of which a
sum of Rs.3,00,000/- shall be kept as fixed deposit in her
name in a Nationalized Bank for a period of six years and the
balance amount of Rs.2,12,100/- along with the accrued
interest over the entire compensation amount of Rs.8,12,100/-
be paid to her in cash. The appellants 2 and 3, sons of the
deceased shall get a sum of Rs.1,50,000/- each and the entire
amount shall be kept as fixed deposit in their names
separately in a Nationalized Bank for a period of six years. It
was also observed by the Tribunal that there shall not be any
premature withdrawal of the above fixed deposits without the
permission of the Tribunal, however the appellants are at
liberty to withdraw the quarterly interest on the fixed deposits
for their sustenance.
4. Against such award, the appellants have approached
this Court claiming for enhancement of the same. It is also
contended that the award so passed by the Tribunal has
already been satisfied, however for enhancement of the award
the present appeal has been filed.
5. After notice being issued, Mr. A.A. Khan, learned
counsel appearing on behalf of the respondent No.2
contended that the matter has been settled amicably between
the appellants and respondent no.2. Respondent No.2 has
agreed to pay an amount of Rs.1,20,000/- consolidated over
and above the award passed by the Tribunal. In support of his
contention, learned counsel for respondent No.2 produced a
mail dated 20.09.2021 sent by the Insurance Company
wherein it has been indicated as follows:-
"Kindly go ahead to settle the matter as per the
below mail.... Try to negotiate further, if possible.
Settlement Amount-1,20,000/- in full quit, in
addition to tribunal award amount which we have
already complied. This amount will not carry any
interest."
6. Mr. Singh, learned counsel for the appellants also
agrees to such suggestion given by the Respondent No.2-
Insurance Company, so far as enhancement of the
compensation amount to Rs.1,20,000/- consolidated, over an
above the amount of compensation awarded by the Tribunal.
7. In view of the above, this court directs Respondent
No.2-Insurance Company to pay the enhanced amount of
Rs.1,20,000/- (rupees one lakh twenty thousand) consolidated
to the appellants within a period of two months from today.
Out of the said amount of Rs.1,20,000/-, an amount of
Rs.60,000/- (sixty thousand) be paid to appellant no.1-wife of
the deceased and Rs.30,000/- (rupees thirty thousand) each be
paid to appellant Nos. 2 and 3.
8. The MACA is accordingly disposed of.
Issue urgent certified copy as per rules.
Arun (DR. B.R. SARANGI)
JUDGE
