Orissa High Court
Sarat Chandra Patra And Others vs Tapan Kumar Bishoyi And Others on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.700 of 2022 & MACA No.83 of 2023
MACA No.700 of 2022
Sarat Chandra Patra and others .... Appellants
Mr.P.K.Mishra Advocate
-versus-
Tapan Kumar Bishoyi and others .... Respondents
Mr.G.P.Dutta, Advocate for Respondent No.2
AND
MACA No.83 of 2023
The Manager Legal,
Cholamandalam MS General Insurance
Company Limited .... Appellant
Mr.G.P.Dutta, Advocate
-versus-
Sarat Chandra Patra and others .... Respondents
Mr.P.K.Mishra, Advocate for Respondent No.1-4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
1.5.2023
Order No.
03. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Mishra, learned counsel for the claimants
and Mr.Dutta, learned counsel for Insurer-Respondent No.2.
3. Both the appeals arise out of the same judgment dated
31st October, 2022 passed by the learned 4th M.A.C.T.-cum-1st
Additional District Judge, Berhampur in M.A.C. Case No.305 of
2021, wherein compensation to tune of Rs.11,77,500/- along with
interest @6% per annum has been granted from the date of filing
of the claim application on account of death of the deceased in the
motor vehicular accident dated 9th January, 2019.
4. MACA No.700 of 2022 has been filed by the claimants
for enhancement of the compensation amount and MACA No.83
of 2023 has been filed by the Insurer challenging the award.
5. Upon hearing both parties and considering all such
grounds advanced in both the appeals, a modified compensation
of Rs.14,30,000/- along with interest @6% per annum is
proposed to the parties in course of hearing. This is agreed by
Mr.Mishra, 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.
6. In the result, the appeals are disposed of with a
direction to the Insurer to deposit the enhanced compensation of
Rs.12,00,000/- (Twelve lakhs) along with interest @6% per
annum from the date of filing of the claim application within a
period of two months from today. The penal interest as directed
by the Tribunal is waived. The compensation amount shall be
disbursed in favour of the claimants-Appellant Nos.1 to 4 in
MACA No.700 of 2022 on following proportion:-
An amount of Rs.1,00,000/- (one lakh) along with
interest shall be paid each in favour of Sarat Chandra Patra and
Rama Patra. The balance amount of Rs.12,30,000/- shall be
disbursed in favour of the children, namely, Swadhina Kumar
Patra @Swadhin Patra and Smruti Rani Patra @ Sumati Rani
Patra by keeping Rs.5,50,000/-(Five lakhs fifty thousand) in the
name of each child along with interest in fixed deposits in any
Nationalized Bank for a period of six years and the balance
amount along with interest shall be released in their favour
equally. The interest payable on the fixed deposit amounts shall
be released quarterly in favour of the children.
7. The statutory deposit made by the Appellant in MACA
No.83 of 2023 along with accrued interest thereon be refunded to
him on proper application and on production of proof of deposit
of the award amount before the learned Tribunal.
8. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
CHITTA Digitally
by CHITTA
signed
RANJAN RANJAN BISWAL
Date: 2023.05.02
BISWAL 12:58:24 +05'30'
C.R.Biswal
