Smt. Madhusmita Das And Others vs Bidyadhar Jena And Another
2023 Latest Caselaw 3411 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.653 of 2022
                 Smt. Madhusmita Das and Others             ....           Appellant
                                               Mr. Bishnu Brata Singh, Advocate
                                             -versus-
                 Bidyadhar Jena and Another                 ....        Respondents
                                Mr. Sayad Asif Ali, counsel for Respondent No.2

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

13.4.2023 Order No.

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

2. Heard Mr. B.B. Singh, learned counsel for the claimant - Appellants and Mr. S.A. Ali, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against the impugned judgment dated 29th September, 2022 of learned 1st MACT, Balasore passed in MAC Case No.227 of 2019, wherein compensation to the tune of Rs.16,09,152/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 27th June, 2019 has been granted on account of death of deceased Satya Narayan Das in the motor vehicular accident dated 31st May, 2019.

4. Upon hearing both parties and considering all such ground of challenge advanced a further consolidated sum of Rs.1,30,000/- is proposed to the parties. This is agreed by Mr. Singh, learned counsel for the claimant - Appellants and Mr. Ali, learned counsel for the insurer leaves it to the discretion of the court. Accordingly, the compensation amount is fixed to the said extent.

5. 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.1,30,000/- (one lakh thirty thousand) before the tribunal, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant-Appellants on such terms and proportion to be decided by the learned tribunal.

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

( B.P. Routray) Judge M.K.Panda