Basanti Mani Nayak And Others vs S. Neelamegam And Another
2023 Latest Caselaw 10595 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1402 of 2015
                 Basanti Mani Nayak and Others            ....         Appellants
                                                        Mr. B. Singh, Advocate
                                            -versus-
                 S. Neelamegam and Another                ....       Respondents
                                   Mr. G.P. Dutta, counsel for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

1.9.2023 Order No.

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. B. Singh, learned counsel for the claimant - Appellants and Mr. G.P. Dutta, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimant - Appellants is directed against the impugned judgment dated 7th August, 2015 of learned 1st MACT, Baleswar passed in MAC Case No.289 of 2012, wherein compensation to the tune of Rs.6,90,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 7th September, 2012 has been granted on account of death of deceased Paresh Chandra Nayak in the motor vehicular accident dated 12th May, 2012.

4. Upon hearing both parties and considering all such grounds of challenge advanced including addition of future prospect and adequate amount towards general damages, a further consolidated sum of Rs.5,00,000/- is proposed to the parties. This is agreed by Mr. Singh, learned counsel for the Appellants and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. In the result the appeal is disposed of with a direction to the insurer - Respondent No.2 to deposit a further consolidated sum of Rs.5,00,000/- (five lakhs) before the tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by the learned tribunal.

6. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno

Location: OHC, Cuttack Date: 01-Sep-2023 17:13:03