High CourtsSingle Bench

Sabita Pradhan And Another vs Proprietor M/s. Swain & Co. & Another

Orissa High Court · Decided on 8 September 2023 · Citation: (2023) 09 OHC CK 0056

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
MACA No.1284 Of 2018
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Judgment

8 paragraphs · 249 words

B. P. Routray, J

1.

The matter is taken up through hybrid mode.

2.

Mr. P.K. Mishra, learned counsel for the claimant – Appellants and Mr. A.A. Khan, learned counsel for insurer – Respondent No.2.

3.

Present appeal by the claimant – Appellants is directed against the impugned judgment dated 24th August 2018 of learned District Judge-cum-1st M.A.C.T., Angul passed in MAC No.164 of 2017, wherein compensation to the tune of Rs.10,52,800/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Lipun Pradhan in the motor vehicular accident dated 5th September 2017.

4.

Upon hearing both parties and considering all such grounds of challenge advanced, a further consolidated sum of Rs.3,90,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimants and Mr. Khan, 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 before the tribunal a further consolidated sum of Rs.3,90,000/- (three lakhs ninety thousand) within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Appellants on such terms and proportion to be decided by the learned tribunal.

6.

An urgent certified copy of this order be issued as per rules.

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