Harapriya Pradhan & Ors vs Raja Khan & Anr
2023 Latest Caselaw 3186 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.153 of 2016

                 Harapriya Pradhan & Ors.                 ....           Appellant
                                                       Mr.P.K.Mishra, Advocate
                                            -versus-
                 Raja Khan & Anr.                         ....         Respondents
                                                        Mr.A.A.Khan, Advocate

                          CORAM:
                          SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

11.04.2023 Order No.

9. 1. The matter is taken up through hybrid mode.

2. Heard Mr.Mishra, learned counsel for the Appellant & Mr.Khan, learned counsel for Respondent No.2.

3. Present appeal by the Claimants is directed against judgment dated 28th November, 2015 of 4th M.A.C.T., Baripada, in MAC No.69 of 2014, wherein compensation to the tune of Rs.29,98,526/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 1st February, 2014.

4. Upon hearing both parties and considering the grounds that no future prospect has been added to the income of the deceased and inadequate amount towards general damages including loss of consortium is granted, a further consolidated compensation of Rs.9,20,000/- is directed to be paid along with interest @ 6% per annum. This is agreed by Mr.Mishra, 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.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit further compensation of Rs.9,20,000/- (Nine lakhs twenty thousand) along with interest @ 6% per annum with effect from the date of filing of the claim application 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.

6. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das