Artta Sahu & Anr vs Biranchi Narayan Barik & Anr
2023 Latest Caselaw 5283 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.153 of 2021

            Artta Sahu & Anr.                              ....        Appellants
                                                        Mr.P.K.Mishra, Advocate

                                             -versus-

            Biranchi Narayan Barik & Anr.                  ....      Respondents
                                                        Mr.S.Mohanty, Advocate
                                                        Mr.R.Behera, Advocate


                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

05.05.2023 I.A.No.394 of 2021 & MACA No. 153 of 2021 Order No.

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

2. Heard Mr. Mishra, learned counsel for the Appellant, Mr.Mohanty, learned counsel for the Insurer and Mr. Behera, learned counsel for Owner-Respondent No1.

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

4. I.A. is disposed of.

5. Present appeal by the Claimant is directed against judgment dated 27th November, 2020 of Additional District Judge-cum-5th M.A.C.T., Athgarh, in MACT Case No.14 of

2018, wherein compensation to the tune of Rs.7,95,760/- 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 in the motor vehicular accident on 30th July, 2018.

6. Upon hearing both parties and considering all such grounds of challenge advanced including non-addition of future prospects and additional amount towards filial consortium along with consequential interest, a further consolidated compensation of Rs.3,50,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Mishra, learned counsel for the claimants. Mr. S. Mohanty, learned counsel for the Insurer leaves it to the discretion of Court. As such, the amount is fixed to that extent.

7. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated compensation of Rs.3,50,000/- (Three lakhs fifty thousand) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

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

( B.P. Routray) Judge

S.Das

SANGRAM DAS Digitally signed by SANGRAM DAS Date: 2023.05.05 15:35:41 +05'30'