Urbel Biri vs Vadde Venketesh And Another
2023 Latest Caselaw 1851 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MACA No.532 of 2022
             Urbel Biri                                ....         Appellant
                                                       Mr. S. Das, Advocate
                                      -versus-
             Vadde Venketesh and another          ....       Respondents
                         Mrs. N. Mohanty, Advocates for Respondent No.2

                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                           ORDER

28.02.2023 Order No. I.A. No.1142 of 2022

04. 1. Heard Mr. S. Das, learned counsel for the Appellant-claimant as well as Mrs. N. Mohanty, learned counsel for the Respondent No.2-Insurance Company.

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

3. The I.A. is disposed of.

MACA No.532 of 2022

4. Present appeal by the claimant is directed against judgment dated 05.07.2022 of learned 1st MACT, Malkangiri in M.A.C. Case No.6 of 2020, wherein learned Tribunal has granted compensation to the tune of Rs.9,53,404/- along with interest @6% per annum in favour of the claimants from the date of filing

of the claim application, i.e. 03.03.2020 on account of death of the deceased in the motor vehicular accident dated 28.01.2020.

5. Upon hearing both parties, it is seen that the learned Tribunal did not add any future prospects to the income of the deceased while computing compensation. Doing so, the claimant is found entitled for further compensation of Rs.3,71,361/-. Considering consequential interest @6% per annum over the same, Respondent No.2-Insurance Company is directed to pay a further consolidated sum of Rs.4,00,000/-. Mr. S. Das, learned counsel for the claimant-Appellant agrees to the same. The compensation amount is accordingly fixed to that extent.

6. In the result, the Insurance Company is directed to deposit 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 to the claimant-Appellant on such terms and proportions to be decided by 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