Mira Sukla And Others vs Tikam Sahu And Others
2023 Latest Caselaw 10783 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.998 of 2015

                                Mira Sukla and others                      ....         Appellants
                                                                       Mr. P.K. Behera, Advocate
                                                            -versus-
                                Tikam Sahu and others                 ....       Respondents
                                               Mr. G.P. Dutta, Advocate for Respondent No.2
                                             Mr. S.J. Pradhan, Advocate for Respondent No.4

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                          ORDER

04.09.2023 Order No.

13. 1. Heard Mr. P.K. Behera, learned counsel for the Appellants-

claimants, Mr. G.P. Dutta, learned counsel for the Respondent No.2-ICICI Lombard General Insurance Company Ltd. and Mr. S.J. Pradhan, learned counsel for the Respondent No.4-Oriental Insurance Co. Ltd.

2. Present appeal by the Appellants-claimants is directed against the judgment dated 06.05.2015 of learned 1st MACT, Koraput at Jeypore in M.A.C. Case No.03 of 2013, wherein the learned Tribunal has granted compensation to the tune of Rs.5,17,000/- along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e.07.01.2013 on account of death of the deceased in the motor vehicular accident dated 24.05.2012.

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 17:50:54

3. Upon hearing all the parties and considering all such grounds of challenge advanced, including addition of future prospects, grant of parental consortium to the children along with consequential interest thereon, a further consolidated sum of Rs.3,20,000/- (rupees three lakhs twenty thousand) is proposed to the parties in course of hearing. Mr. P.K. Behera, learned counsel for the claimants-Appellants agrees to the same and Mr. G.P. Dutta and Mr. S.J. Pradhan, learned counsels for Respondent No.2 and 4 (Insurance Companies respectively) leave it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. In the result, the appeal is disposed of with a direction to the Respondent No.2- ICICI Lombard General Insurance Company Ltd. and Respondent No.4-Oriental Insurance Co. Ltd. to deposit further consolidated sum of Rs.3,20,000/- (rupees three lakhs twenty thousand) in equal share, i.e. Rs.1,60,000/- each, before the Tribunal within a period of two months from today; where- after the same shall be disbursed in favour of the claimants- Appellants on such terms and proportions to be decided by the learned Tribunal.

5. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 17:50:54