Manika Nahak vs Sk. Akbar Basa & Another
2023 Latest Caselaw 5911 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 M.A.C.A No. 445 of 2008

                     Manika Nahak                      ....            Appellant
                                                    Mr. Biranchi Narayan Rath,
                                                      Advocate for the claimant
                                             -versus-
                     Sk. Akbar Basa & Another          ....         Respondents
                                                                Mr. G.P. Dutta,
                                       Advocate for Oriental Insurance Co. Ltd.


                              CORAM:
                              JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 13.05.2023

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

2. The claimant approached the 2nd Motor Accidents Claims Tribunal, Southern Division, Berhampur under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries sustained on 02.12.2000 due to rash and negligent driving of driver of truck bearing registration No. AP-07V-4279, by way of an application which was registered as MAC Case No.466/02 (493/01).

3. Vide Judgment dated 18.05.2007, said matter got disposed of with award of compensation to the tune of Rs.80,000/- (rupees eighty thousand only) with interest @ 7% per annum from the date of filing of application, i.e., 10.07.2001 till date of actual payment. It was further directed

that a sum of Rs.60,000/- with accrued interest thereof to be kept as fixed deposit in favour of the appellant (minor at that time) in Nationalised Bank for a period of seven years or till she attained majority whichever is later.

4. Challenging said award, the appellant-injured approached this Court in appeal which was registered as MACA No.445 of 2008 for modification of the Judgment dated 18.05.2007 by awarding cost and interest at the rate of 9% per annum from the date of application till realisation.

5. With the consent of learned counsel for the respondents and on concession of the Officers of the Insurance Company, who were present today before this Lok Adalat through virtual mode, it was agreed to settle the compensation at further consolidated sum of Rs.70,000/- (Seventy thousand only). The Insurance Company is directed to deposit the enhanced amount of Rs.70,000/- before the Tribunal within two months hence and the same shall be disbursed to the claimant.

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 Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2023 15:41:22