Kanchan Nishad @ Kanchan & Anr vs Tankadhar Dora & Anr
2023 Latest Caselaw 11681 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 29-Sep-2023 10:47:49




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.354 of 2016

                                 Kanchan Nishad @ Kanchan & Anr.            ....        Appellants
                                                                             Mr.J.Sahu, Advocate

                                                             -versus-

                                 Tankadhar Dora & Anr.                     ....      Respondents
                                                                          Mrs.S.Das, Advocate

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                           ORDER

26.09.2023 Order No.

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

2. Heard Mr. Sahu, learned counsel for the Appellant and Mrs.Das, learned counsel for Respondents.

3. Present appeal by the Claimant is directed against judgment dated 8th January, 2016 of learned District Judge-cum- 1st M.A.C.T., Balangir, passed in MAC Case No.13 of 2015, wherein compensation to the tune of Rs.5,11,000/- 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 in the motor vehicular accident on 30th September, 2014.

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.2,80,000/- is proposed to the

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Sep-2023 10:47:49

parties in course of hearing. This is agreed by Mr.Sahu, learned counsel for the claimants. Mrs.Das, 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 compensation of Rs.2,80,000/- (Two lakhs eighty thousand) 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 proportions to be decided by learned Tribunal.

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

( B.P. Routray) Judge

S.Das