Sanjukta Panigrahi And Others vs Jitendra Sahukar And Another
2023 Latest Caselaw 161 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.952 of 2018

            Sanjukta Panigrahi and others             ....        Appellants
                                                    Mr.B.B.Singh, Advocate

                                         -versus-

            Jitendra Sahukar and another         ....      Respondents
                           Mr.A.A.Khan, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

04.01.2023 Order No.

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

2. Heard Mr.Singh, learned counsel for the claimants and Mr.Khan, learned counsel for Insurer-Respondent No.2.

3. Present appeal by the claimants is against the judgment dated 28th November, 2017 of the District Judge-Cum-1st MACT, Koraput, in M.A.C.Case No.75 of 2011, wherein compensation to the tune of Rs.9,10,000/- has been granted along with interest @7% 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 26th June, 2005.

4. Upon hearing both parties and considering the grounds of advanced in the appeal, including the fact that the mother of the deceased has been added as one of the claimants and therefore the deduction towards personal expenses should be to the extent of 1/4th and that parental consortium should be added in favour of

the minor children, the enhanced compensation of Rs.10,50,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Singh, learned counsel for the claimants. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer-Appellant to deposit the compensation of Rs.10,50,000/- (Ten lakhs fifty thousand) before the Tribunal along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; which shall be disbursed in favour of the claimants-Appellants 1, 2 & 3-Sanjukta Panigrahi (widow), Ashutosh Panigrahi (son) and Ayushee Panigrahi (daughter) on such terms and proportion to be fixed by the Tribunal. It is stated that in the meantime, mother, namely, Meerabai Panigrahi died on 27th November, 2018.

6. Copy of the death certificate filed by Mr.Singh is kept on record.

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

( B.P. Routray) Judge C.R.Biswal