Gurubari Singh & Anr vs M/S. Saizar Enterprises Pvt.Ltd & ...
2023 Latest Caselaw 3552 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.1092 of 2017

                 Gurubari Singh & Anr.                      ....           Appellant
                                                        Mr.P.K.Mishra, Advocate
                                             -versus-
                 M/S. Saizar Enterprises Pvt.Ltd & Anr.     ....       Respondents
                                   Mr.A.A.Khan, Advocate for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

17.04.2023 Order No.

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

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

3. Present appeal by the Claimants is directed against judgment dated 31st September, 2017 of 1st M.A.C.T., Mayurbhanj, in MAC No.26 of 2016, wherein compensation to the tune of Rs.6,62,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application account of death of the deceased in the motor vehicular accident on 11th January, 2016.

4. Upon hearing both parties and considering all such grounds of challenge advanced, including non-addition of future prospects and general damages along with consequential interest thereon, a further consolidated compensation of Rs.4,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants. Mr.Khan, 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 the further consolidated compensation of Rs.4,00,000/- (Four lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimants 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