Soudamini Sahoo & Ors vs Subhendu Kumar Routray And Anr
2023 Latest Caselaw 5767 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.1117 of 2016

            Soudamini Sahoo & Ors.                  ....        Appellants
                                             Mr.D.K.Mohapatra, Advocate

                                        -versus-

            Subhendu Kumar Routray and Anr.     ....       Respondents
                        Mr.S.K.Mohanty, Advocate for Respondent No.1
                        Mr.P.K.Panda, Advocate for Respondent No.2

                       CORAM:
                       JUSTICE B. P. ROUTRAY

                                      ORDER

11.05.2023 Order No.

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

2. Heard Mr. Mohapatra, learned counsel for the Appellant, Mr. Mohanty, learned counsel for Owner-Respondent No.1 and Mr.Panda, learned counsel for Respondent No.2.

3. Present appeal by the Insurer is directed against judgment dated 25th July, 2016 of 3rd MACT, Jagatsinghpur, in M.A.C. Case No.492(A) of 2011, wherein compensation to the tune of Rs.6,16,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in motor vehicular accident dated 22nd November, 2011.

4. The Claimants have prayed for enhancement of compensation amount on the ground of addition of future prospect and adequate amount towards general damages.

5. Admittedly, the owner has been saddled with the liability to pay the compensation and the Insurer has been exempted since the vehicle was not insured at the time of accident. Upon hearing all the parties and considering all such grounds advanced by the Appellant, the compensation amount is enhanced by Rs.2,90,000/- thereby totaling it to Rs.9,06,000/- payable along with interest @6% per annum.

6. In the result, the appeal is disposed of with a direction to the Respondent No.1 (owner) to deposit the enhanced compensation amount of Rs.9,06,000/- ( Nine lakhs six hundred) along with interest @ 6% per annum with effect from the date of filing of the claim application 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. Failing to deposit the compensation amount within the stipulated time, it is open for the Claimants to realize the same as per law.

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

                                                                      ( B.P. Routray)
                                                                         Judge
S.Das



  SANGRAM        Digitally signed by
                 SANGRAM DAS

  DAS            Date: 2023.05.12 14:42:26
                 +05'30'