Narayan Sahoo v. Pabitra Mohan Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.417 of 2021 Narayan Sahoo and others .... Appellants Mr. D. Patnaik, Advocate -versusPabitra Mohan Jena and another ....

Respondents Mr. B. Baisakh, Advocate for Respondent No.1 Mr. P.K. Mahali, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

21.07.2022 Order No.

04.

1. Heard Mr. D. Patnaik, learned counsel for the Appellantsclaimants, Mr. P.K. Mahali, learned counsel for the Respondent No.2-Insurance Company and Mr. B. Baisakh, learned counsel for the Respondent No.1-owner.

2. Present appeal is directed against the award dated 25.03.2020 of the learned 1st MACT, Kendrapara in M.A.C. Case No.26 of 2017 wherein the learned Tribunal has granted compensation to the tune of Rs.3,62,800/- along with interest @6% per annum to the claimants from the date of filing of the claim application i.e.06.04.2017 on account of death of the deceased in the motor vehicular accident dated 06.03.2017.

3. Upon hearing all the parties and considering the grounds of challenge advanced, a further consolidated sum of Rs.50,000/- is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimants-Appellants agrees to the same

and Mr. P.K. Mahali as well as Mr. B. Baisakh, learned counsels for Respondent No.2-Insurance Company and owner - Respondent No.1 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.50,000/- (rupees fifty thousand) 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