Orissa High Court
Priyanka Bhuyan & vs Abinash Pradhan & on 20 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.834 of 2023
Priyanka Bhuyan & .... Appellants
Others
Mr. B.B. Singh, Advocate
-versus-
Abinash Pradhan &
Another .... Respondents
Mr. P.K. Mishra, Adv. for Resp.
1
Mr. S. Satapathy, Adv. for
Resp. No.2
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
20.03.2025
I.A. No.1938 of 2023
Order No.
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Considering the grounds taken in the I.A., the
delay in filing of the appeal is condoned.
4. Accordingly, the I.A. stands disposed of.
(Biraja Prasanna Satapathy)
Judge
// 2 //
05. 1. Perused the stamp reporting. Since the cross-
objection has been filed immediately on
appearance of the Respondent No.1, delay pointed out
by the SR is hereby ignored.
2. Heard learned counsel appearing for the Parties.
3. This appeal has been filed by the
appellants/claimants seeking enhancement of the
compensation so awarded by the learned 4th MACT-
cum- 1st Addl. District Judge, Baripada vide
judgment dtd.24.04.2023 in M.A.C. Case
No.127/2021.
3. Learned counsel appearing for the Respondent-
Company fairly contended that the driver of the
offending vehicle was having the valid DL and
accordingly right of recovery allowed against the owner-
respondent is required to be interfered with.
4. It is contended by the learned counsel appearing
for the appellants and Respondent No.2 that the matter
has been settled out of Court and appellants are ready
and willing to pay further compensation amount of
Rs.50,000/- consolidated.
5. It is however not disputed by the parties that the
award in the meantime has already been satisfied by
the Respondent No.2.
// 3 //
6. Having heard learned counsel appearing for the
Parties and considering the submissions made, this
Court is inclined to award further compensation
amount to Rs.50,000/- consolidated in favour of the
appellants/claimants. This Court is also inclined to
quash the right of recovery so allowed by the Tribunal
as against Owner-Respondent No.1.
6.1. This Court accordingly while holding so, directs
the Respondent No.2-Company to deposit further
compensation amount of Rs.50,000/- consolidated
before the Tribunal within a period of eight (8) weeks
from the date of receipt of this order. On such deposit
of the amount, the Tribunal shall disburse the same in
favour of the appellants in terms of the Judgment
passed on 24.04.2023 in full.
6.2. However, it is observed that if the amount as
directed will not be deposited by the Respondent No.2
within the aforesaid time period of eight (8) weeks, the
compensation amount of Rs.50,000/- shall carry
interest @ 6% per annum payable for the period
starting from the expiry of the period of eight (8) weeks
till its payment.
7. Accordingly, the MACA stands disposed.
Digitally Signed Judge
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Mar-2025 13:19:08
Subrat
