Alekha Behera vs Hemanta Kumar Nayak &
2023 Latest Caselaw 5910 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 M.A.C.A No. 625 of 2019

                     Alekha Behera                        ....             Appellant
                               Mr. Durga Charan Dey, Advocate for the claimant
                                                -versus-
                     Hemanta Kumar Nayak &                ....         Respondents
                     Another
                                                     Mr. Santosh Kumar Mohanty,
                                      Advocate for the Oriental Insurance Co. Ltd.
                        along with Officers of the company present in virtual mode

                               CORAM:
                               JUSTICE MURAHARI SRI RAMAN
                                           ORDER

Order No. 13.05.2023

08. 1. This case is taken up in the 2nd National High Court Level Lok Adalat.

2. On the complaint that the driver of offending vehicle- tanker bearing registration No.OR-05AS-5859 dashed against the three persons who were waiting at stoppage No.15 of Kujanga-Paradeep road and as a consequence thereof they sustained injuries. Accordingly the petitioner, one of the injured, lodged claim application under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Cuttack which was registered as MACT No.676 of 2014/20 of 2017 (Computer No.7258 of 2014).

3. Against the award of compensation of Rs.2,94,400/- by the learned 3rd Additional District Judge-cum-4th MACT, Cuttack, vide Judgment dated 14.08.2019, qua the present Appellant-Sri Alekha Behera, it was directed for deposit of

Rs.2,00,000/- in the Nationalised Bank for a period of six months in shape of fixed deposit with quarterly interest and for disbursal of the balance amount of Rs.94,400/- in cash.

4. The claimant approached this Court by way of an Appeal under Section 173 of the Motor Vehicles Act, 1988, which was registered as MACA No.625 of 2019, for enhancement of awarded amount with interest @ 8.5% per annum from the date of claim till payment.

5. With the consent of Sri Durga Charan Dey, learned counsel for the Appellant, who is physically present and on concession of the Officers of the Insurance Company, who are present today before this Lok Adalat through virtual mode, the claim is settled at a further consolidated amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand). The Insurance Company is now required to deposit the enhanced awarded amount before the Tribunal within two months hence which shall be disbursed to the claimant by the MACT.

6. The appeal is disposed of accordingly.

7. Urgent certified copy of this order be granted as per rules.

(Murahari Sri Raman, J.) 2nd National Lok Adalat

Signature Not Verified Digitally Signed Signed by: LAXMIKANT Laxmikant MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2023 15:41:21