Rashmita Barik And Others vs Prafulla Barik And Another
2023 Latest Caselaw 7792 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.275 of 2022

                                Rashmita Barik and others                  ....         Appellants
                                                                       Mr. P.K. Mishra, Advocate
                                                            -versus-
                                Prafulla Barik and another              ....       Respondents
                                                 Mr. G.P. Dutta, Advocate for Respondent No.2

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

18.07.2023 Order No.

02. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellants-

claimants as well as Mr. G.P. Dutta, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellants-claimants is directed against the judgment dated 25.03.2022 of learned 1st MACT, Puri in M.A.C. No.265 of 2018, wherein the learned Tribunal has granted compensation to the tune of Rs.18,17,917/- along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e.14.12.2018 on account of death of the deceased in the motor vehicular accident dated 15.09.2018.

3. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated sum of Rs.3,80,000/-

(rupees three lakhs eighty thousand) is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:41 claimants-Appellants agrees to the same and Mr. G.P. Dutta, learned counsel for Respondent No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. The Insurance Company is directed to deposit further consolidated sum of Rs.3,80,000/- before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of Appellant No.1 (Rashmita Barik), Appellant No.2 (Sudhansu Barik) and Appellant No.3 (Swagatika Barik) on such terms and proportions to be decided by the learned Tribunal.

5. The MACA is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:41