Smt. Sona Nayak And Another vs Sovan Pramanik And Another
2023 Latest Caselaw 4196 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.607 of 2018
                 Smt. Sona Nayak and Another              ....        Appellants
                                                      Mr. P.K. Mishra, Advocate
                                           -versus-
                 Sovan Pramanik and Another               ....       Respondents
                                   Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

24.4.2023 Order No.

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

2. Heard Mr. P.K. Mishra, learned counsel for the claimant - Appellants and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants is directed against impugned judgment dated 31st March, 2018 of learned 1st MACT, Mayurbhanj, Baripada passed in MAC No.90 of 2016, wherein compensation to the tune of Rs.8,41,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 19th May, 2016 has been granted on account of death of deceased Durga Nayak in the motor vehicular accident dated 4th May, 2016.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated sum of Rs.5,00,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Appellants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to 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.5,00,000/- (five lakhs) 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 learned tribunal.

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

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