Minakshi Das @ Minati Das And vs Anil Mohapatra And Another
2023 Latest Caselaw 9905 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.638 of 2019
                 Minakshi Das @ Minati Das and               ....        Appellants
                 Others
                                                         Mr. K.C. Nayak, Advocate
                                              -versus-
                 Anil Mohapatra and Another                  ....      Respondents
                                 Mr. P.K. Panda, counsel for Respondent No.2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

23.8.2023 Order No.

I.A. No.278 of 2022

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

2. Heard Mr. K.C. Nayak, learned counsel for the claimant - Appellants and Mr. P.K. Panda, learned counsel for the insurer - Respondent No.2.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

MACA No.638 of 2019

07. 5. Present appeal by the claimant - Appellants is directed against the impugned judgment dated 12th December, 2018 of learned 4th MACT, Cuttack passed in MAC Case No.511-2016/375-17, wherein compensation to the tune of Rs.3,37,300/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 4 th August, 2016 has been granted on account of death of the deceased Mahendra Das in the motor vehicular accident dated 28 th February, 2016.

6. The deceased was aged about 56 years at the time of accident, i.e. on 28th February, 2016 and the tribunal took his income at Rs.100/- per day.

7. Keeping in view the minimum wage rate prevalent on the date of accident, a further consolidated sum of Rs.1,00,000/- is directed to be paid in favour of the claimants. This is agreed by Mr. Nayak, learned counsel for the claimants.

8. 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.1,00,000/- (one lakh) 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.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 25-Aug-2023 14:24:23