Satyabhama Barik & Ors vs Ashok Kumar Sahoo & Anr
2023 Latest Caselaw 6172 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 17-May-2023 17:03:58



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         MACA No.431 of 2007

                                   Satyabhama Barik & Ors.                   ....       Appellants
                                                                             Mr.A.Dash, Advocate

                                                                -versus-

                                   Ashok Kumar Sahoo & Anr.                 ....      Respondents
                                                                    Mr.B.Dasmohapatra, Advocate


                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                              ORDER

16.05.2023 Order No.

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

2. Heard Mr. Dash, learned counsel for the Appellant and Mr.Dasmohapatra, learned counsel for Respondents.

3. Present appeal by the Claimants are directed against judgment dated 8th February, 2007 of 2nd M.A.C.T., Cuttack, in Misc Case No.657 of 1996, wherein compensation to the tune of Rs.57,600/- 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 by motor vehicular accident on 12th July, 1996.

4. Upon hearing both parties and considering all such grounds of challenge advanced including appropriate multiplier as nine instead of eight and addition of appropriate amount

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 17:03:58

towards general damages including consortium, a further consolidated sum of Rs.1,00,000/- is proposed to the parties in course of hearing. This is agreed by Mr.Dash, learned counsel for the claimants. Mr.Dasmohapatra, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. In the result, the appeal is disposed of with a direction to the Insurer to deposit the further consolidated sum of Rs.1,00,000/- (One lakh) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

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

( B.P. Routray) Judge

S.Das