Purnabasi Garia v. Ritanjali Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.396 of 2021 Purnabasi Garia and others .... Appellants Mr. S.B. Das, Advocate -versusRitanjali Sahoo and another ....

Respondents Mr. A.A. Khan, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

12.05.2022 Order No.

04.

1. Heard Mr. S.B. Das, learned counsel for the Appellantsclaimants as well as Mr. A.A. Khan, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal is directed against the award dated 28.08.2021 of the learned 1st MACT, Jajpur in MAC Case No.213 of 2016 wherein the learned Tribunal has granted compensation to the tune of Rs.5,03,000/- along with interest @6% per annum to the claimants from the date of filing of the claim application i.e.15.12.2016 on account of death of the deceased in the motor vehicular accident dated 18.01.2014.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a further consolidated sum of Rs.2,00,000/- (rupees two lakhs) is proposed to the parties in course of hearing. Mr. S.B. Das, learned counsel for the claimants-Appellants agrees to the same and Mr. A.A. Khan, learned counsel for Respondent

No.2-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. The Insurance Company is directed to deposit the further consolidated sum of Rs.2,00,000/- before the Tribunal within a period of two months from today; whereafter the same shall be disbursed to the claimants on such terms and proportion to be decided by the learned Tribunal.

5. The MACA is disposed of.

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

( B.P. Routray) Judge B.K. Barik