Sankuntala Bada And Others vs Bholanath Sahu And Another
2023 Latest Caselaw 1224 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.407 of 2022

            Sankuntala Bada and others                 ....       Appellants
                                                    Mr.P.K.Mishra, Advocate

                                         -versus-

            Bholanath Sahu and another          ....        Respondents
                         Mr.S.K.Mohanty, Advocate for Respondent No.2



                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

6.2.2023 Order No.

2. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Mishra, learned counsel for the Appellants- claimants and Mr.Mohanty, learned counsel for Insurer- Respondent No.2.

3. Present appeal by the claimants is directed against the judgment dated 27th June, 2022 of the 1st Addl. District Judge- cum-1st M.A.C.T., Cuttack, in MAC No.249 of 2020, wherein compensation to the tune of Rs.11,37,200/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 24th November, 2019.

4. Upon hearing both parties and considering all such grounds of challenge advanced including the rate of minimum

wages prevalent on the date of accident, a further consolidated compensation of Rs.5,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants. Mr.Mohanty, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer-Respondent No.2 is directed to deposit a further consolidated compensation 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 claimants on such terms and proportion to be fixed by the Tribunal. It goes without saying that the right of recovery granted in favour of the Insurer-Appellant by the Tribunal is left undisturbed.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal