Orissa High Court
Smt. Manju Devi & Others vs M/S. Abhay Carriers Pvt. Ltd. & on 9 December, 2023
Author: M.S. Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.251 of 2023
Smt. Manju Devi & Others ..... Appellants
Mr. Biranchi Narayan Rath,
Advocate
Vs.
M/s. Abhay Carriers Pvt. Ltd. & ..... Respondents
Another
Mr. Adam Ali Khan, Advocate
for Respondent No.2
CORAM:
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
09.12.2023
Order No. This matter is taken up today in the 4th National Lok Adalat,
04.
2023 through hybrid mode.
2. The Appellants-claimants claiming themselves to be the
legal representatives of one Mukesh Kumar Swamy (hereinafter
referred to as 'deceased') approached the learned Additional
District Judge-cum-III Motor Accidents Claims Tribunal,
Rairangpur, Mayurbhanj under Section 166 of the Motor Vehicles
Act, 1988 seeking compensation of Rs.15,00,000/- on account of
the death of the deceased caused due to rash and negligent driving
of offending vehicle bearing Registration No.OR-15-J-4903 by
way of an application which was registered as MAC Case No.12
of 2016.
3. Vide Judgment dated 26.09.2022, said matter got disposed
of with award of compensation to the tune of Rs.12,79,600/-
(Rupees Twelve Lakhs Seventy Nine Thousand Six Hundred only)
with simple interest at the rate of 6% per annum thereon from the
date of filing of the claim application, i.e., from 23.04.2016 till
realization of the same. It was further ordered that out of the total
awarded compensation amount, 35% of the said amount along
with the accrued interest would be paid in cash to the Appellants-
claimants Nos.1, 5 & 6. Out of the total amount to be paid in cash,
50% was directed to be paid to the Appellant-claimant No.1 and
rest 50% shall be paid in equal proportion to Appellant-Claimant
Nos.5 & 6. It was also ordered that out of the remaining awarded
amount, 80% shall be kept in fixed deposits in the name of
Appellant-claimant Nos.2, 3 & 4 in equal proportion till they
attain majority. The remaining 20% shall be kept in fixed deposit
in the name of Appellant-claimant No.1 for a period of three
years. The fixed deposits shall be made in any Nationalised Bank
as per the choice of the Appellants-Claimants. However, quarterly
interest that would accrue on the fixed deposits of the Appellant-
claimant Nos.2, 3 & 4 shall be credited to the savings account of
Appellant-Claimant No.1, who is their mother-guardian so that the
said amount can be used for their well-being and education. No
loan or mortgage on the fixed deposits or any withdrawal of said
fixed deposit shall be permitted before the expiry of the term of
the deposit along with other directions.
4. With the consent of Mr. Biranchi Narayan Rath, learned
counsel appearing for the Appellants and on concession of Mr.
Adam Ali Khan, learned counsel appearing for the Respondent
No.2-Insurance Company, who are present today before this Lok
Adalat, the amount of compensation is enhanced to further
consolidated sum of Rs.2,00,000/- (Rupees Two Lakhs only). The
Insurance Company is now required to deposit the said enhanced
amount before the Tribunal within eight weeks hence, which shall
be disbursed in favour of the claimants-Appellants by the learned
Additional District Judge-cum-III Motor Accidents Claims
Tribunal, Rairangpur, Mayurbhanj, in the proportion and terms
and condition as may be deemed fit by said Tribunal.
5. It is further agreed that right of recovery, if granted by
learned Tribunal, may be enforced.
6. The appeal is disposed of accordingly.
7. Urgent certified copy of this order be granted as per rules.
(M.S. Raman, J.)
4th National Lok Adalat
MRS/Laxmikant
Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 12-Dec-2023 10:50:09
