Partly allowed

Smt Kiran Pandey v. Dasharathi Barik

Orissa HC1 Feb 2023MACA/28/2019

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an appeal against a lower court judgment awarding motor accident compensation. It directed the insurer to deposit an additional consolidated sum of Rs. 18.50 lakhs with the tribunal for distribution among the claimants.

What did the court decide?

Direction to insurer to deposit further consolidated sum of Rs. 18,50,000 with the tribunal for disbursement to claimants.

Smt Kiran Pandey Vs Dasharathi Barik — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.28 of 2019

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Smt. Kiran Pandey and Others

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…. Appellants

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Mr. P.K. Mishra, Advocate

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-versus-

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Dasharathi Barik and Others

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…. Respondents

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

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

1.2.2023

Order No.

The matter is taken up through hybrid mode.

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

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Present appeal by the claimants is directed against impugned judgment dated 30^th August, 2018 of learned 1^st MACT, Balasore passed in MAC No.563 of 2016, wherein compensation to the tune of Rs.51,53,840/- along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 24^th December, 2016 has been granted on account of death of deceased Dhananjay Pandey in the motor vehicular accident dated 30^th March, 2016.

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Upon hearing both parties and considering all such ground of challenge advanced including addition of future prospects and parental consortium along with consequential interest @ 6% per annum thereon, a further consolidated sum of Rs.18,50,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel

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for the claimant – Appellants 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.

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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.18,50,000/- (eighteen lakhs 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 – Appellants 1, 2 and 3, namely Smt. Kiran Pandey, Ayush Vardhan and Kumari Akruti Anuska on such terms and proportion to be decided by learned tribunal.

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

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M.K.Panda

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( B.P. Routray)
Judge

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Smt Kiran Pandey v. Dasharathi Barik

Case brief

What is this about?

What did the court decide?

Smt Kiran Pandey v. Dasharathi Barik

Case brief

What is this about?

What did the court decide?

What the court decided

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