Kain Bhoi And Others vs South India Transport Agency And
2023 Latest Caselaw 10219 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.107 of 2023
                               Kain Bhoi and others                          ....        Appellants
                                                                         Mr. B. Mohanty, Advocate
                                                         -versus-
                               South India Transport Agency and       ....       Respondents
                               another
                                                 Mr. P. Sinha, Advocate for Respondent No.2
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                             ORDER

28.08.2023 Order No. I.A. No.196 of 2023

02. 1. Heard Mr. B. Mohanty, learned counsel for the Appellants-

claimants and Mr. P. Sinha, learned counsel for Respondent No.2-Insurance Company.

2. Upon hearing both parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

MACA No.107 of 2023

4. Present appeal by the claimants is directed against the judgment dated 15.02.2020 of learned 1st MACT, Dhenkanal in M.A.C. Case No.184 of 2016, wherein the learned Tribunal has granted compensation to the tune of Rs.7,72,000/- along with simple interest @7% per annum to the claimants from 28.09.2016

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:01 on account of death of the deceased in the motor vehicular accident dated 10.07.2016.

5. Upon hearing both parties and considering all such grounds of challenge advanced including addition of future prospects and appropriate amount towards loss of consortium to two children, a further consolidated sum of Rs.4,00,000/- (rupees four lakh) is proposed to the parties in course of hearing. Mr. B. Mohanty, learned counsel for claimants-Appellants agrees to the same and Mr. P. Sinha, learned counsel for the Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. The Insurance Company is thus directed to deposit the further consolidated sum of Rs.4,00,000/- (rupees 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-Appellants on such terms and proportion to be fixed by the learned Tribunal.

7. The MACA is disposed of.

8. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:01