Benudhar Mohapatra v. Gautam Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.759 of 2017 Benudhar Mohapatra and Others ....

Appellants Mr. P.K. Mishra, Advocate -versusGautam Sahoo and Another ....

Respondents Mr. G.P. Dutta, counsel for Respondent No.2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

27.10.2022 Order No.

07.

1.

The matter is taken up through hybrid mode.

2.

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

3.

Present appeal by the claimants is against the impugned judgment dated 15th July, 2017 of the learned 3rd MACT, Bhubaneswar passed in MAC Case No.271/209 of 2013 wherein compensation to the tune of Rs.6,11,5000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 29th October, 2013 has been granted on account of death of deceased Santosh Kumar Mohapatra in the motor vehicular accident dated 21st September, 2013.

4.

Upon hearing both parties and considering the grounds of challenge as advanced, a further consolidated sum of Rs.2,50,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the Appellant - claimants 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.2,50,000/- (two lakh fifty thousand) before the tribunal within a period of two months from today, where-after the same shall be disbursed in favour of the claimant - Appellant No.1 & 2, namely Benudhar Mohapatra and Sasmita Mohapatra.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda