Keshari Swain & Ors vs Divisional Manager
2023 Latest Caselaw 7247 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 06-Jul-2023 10:48:58


                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     MACA No.708 of 2011

                         Keshari Swain & Ors.                            ....        Appellants
                                                                   Mr.S.K.Pradhan-3, Advocate

                                                            -versus-

                         Divisional Manager, Oriental           ....       Respondents
                         Insurance Co.Ltd. & Anr.
                                           Mr.G.P.Dutta, Advocate for Respondent No.1


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

04.07.2023 Order No.

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

2. Heard Mr. Pradhan, learned counsel for the Appellant and Mr.Dutta, learned counsel for Respondent No.1.

3. Present appeal by the Claimants are directed against judgment dated 21st June, 2011 of 2nd M.A.C.T., Berhampur, in MAC Case No.41/08(282/04), wherein compensation to the tune of Rs.3,02,500/- 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 by motor vehicular accident on 16th March, 2004.

4. Upon hearing both parties and considering all such grounds of challenge advanced, including the fact that no future prospect has been added to the income of the deceased and lesser amount towards general damages has been paid, a further

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Jul-2023 10:48:58

consolidated sum of Rs.5,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Pradhan, learned counsel for the claimants. Mr.Dutta, 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 to deposit the further consolidated sum 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 claimant on such terms and proportion to be fixed by the Tribunal.

6. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the insurance company.

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

(B.P. Routray) Judge

S.Das