Tulasi Padhiary v. Surendra Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.308 of 2018 Tulasi Padhiary and others ....

Appellants Mr.B.N.Rath, Advocate -versusSurendra Mohanty and another .... Respondents Mr.A.A.Khan, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

21.09.2022 Order No.

14.

1. The matter is taken up through Hybrid mode.

2. Heard Mr. B.N. Rath, learned counsel for the Appellants and Mr.A.A. Khan, learned counsel for the Insurer-Respondent No.2.

3. Present appeal by the claimants-Appellants is directed against the judgment dated 7th November, 2017 passed by learned District Judge-Cum-1st M.A.C.T., Nayagarh in M.A.C. Case No.21 of 2016, wherein compensation to the tune of Rs.8,50,000/- has been granted along with interest @ 7% 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 dated 28th February, 2016.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated sum of Rs.2,80,000/- is proposed to the parties in course of hearing. This

is agreed by Mr. Rath, learned counsel for the claimantsAppellants. Mr. Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

5. The Insurer is directed to deposit the further consolidated sum 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 claimants on such terms and proportion to be decided by the Tribunal.

6. With aforesaid modification in the compensation amount, the appeal is disposed of.

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

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