Aswini Kumar Mohanty And Others vs Satyasagar Singh And Another
2023 Latest Caselaw 2586 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MACA No.562 of 2019
             Aswini Kumar Mohanty and others         ....        Appellants
                                            Mr. B.N. Samantaray, Advocate
                                       -versus-
             Satyasagar Singh and another            ....      Respondents
                             Mr. G.P. Dutta, Advocate for Respondent No.2
                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                           ORDER

29.03.2023 Order No. I.A. No.1317 of 2020

05. 1. Heard Mr. B.N. Samantaray, learned counsel for the Appellants-claimants and Mr. G.P. Dutta, learned counsel for the Respondent No.2-Insurance Company.

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

3. The I.A. is disposed of.

MACA No.562 of 2019

4. Present appeal by the Appellants-claimants is directed against the judgment dated 10.01.2019 of learned 1st MACT, Jajpur in M.A.C. No.143 of 2014, wherein the learned Tribunal has granted compensation to the tune of Rs.31,74,306/- along with interest @6% per annum to the claimants from the date of filing of the

claim application, i.e. 30.09.2014 on account of death of the deceased in the motor vehicular accident dated 28.01.2014.

5. Upon hearing both the parties and considering the grounds of challenge as advanced including non-addition of future prospects and consequential interest payable thereon, the claimants are found entitled for a further consolidated sum of Rs.5,00,000/- (rupees five lakhs). Mr. B.N. Samantaray, learned counsel for the 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.

6. The Insurance Company is directed to deposit the further consolidated sum of Rs.5,00,000/- (rupees 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-Appellants on such terms and proportion to be fixed by the 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