Makuru Bindhani vs Akshaya Kumar Pattanaik &
2023 Latest Caselaw 15845 Ori

Orissa High Court

Makuru Bindhani vs Akshaya Kumar Pattanaik & on 9 December, 2023

Author: M.S. Raman

Bench: Murahari Sri Raman

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MACA No.361 of 2023

Makuru Bindhani                      .....                            Appellant
                                                    Mr. Pradeep Kumar Mishra,
                                                                    Advocate
                                     Vs.
Akshaya Kumar pattanaik &            .....                           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,

03. 2023 through hybrid mode.

2. The Appellant-injured approached the learned Motor Accidents Claims Tribunal-I, Balasore under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.15,00,000/- on account of injuries sustained in a road accident owing to rash and negligent driving of offending vehicle-milk container truck bearing Registration No.OD-09-3381 by way of an application which was registered as MAC Case No.250 of 2021.

3. Vide Judgment dated 31.01.2023, said matter got disposed of with award of compensation to the tune of Rs.15,27,972/- (Rupees Fifteen Lakhs Twenty Seven Thousand Nine Hundred Seventy Two only) with simple interest at the rate of 6% per annum from the date of application, i.e., from 01.07.2021 till realization, which is to be paid by the Opposite Party/Respondent No.2 through account payee cheque within one month from the date of award with right to recover the same from the Owner-

Opposite Party/Respondent No.1 for violation of policy condition. It was further directed that out of the aforesaid compensation amount, a sum of Rs.10,00,000/- be kept as fixed deposit in the name of claimant-Appellant in a Nationalised Bank for a period of six years and the balance amount of Rs.5,27,972/- along with accrued interest over the entire compensation amount of Rs.15,27,972/- be paid to him in shape of cheque.

4. With the consent of Mr. Pradeep Kumar Mishra, learned counsel appearing for the Appellant 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.9,00,000/- (Rupees Nine 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 to the claimant-Appellant (Makuru Bindhani) by the learned Motor Accidents Claims Tribunal-I, Balasore.

5. It is further agreed that right of recovery granted by learned Tribunal shall remain intact.

6. The appeal is disposed of accordingly.

7. Urgent certified copy of this order be granted as per rules.

(M.S. Raman, J.) th 4 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