Partly allowed

Manasi Manik v. Manoranjan Sahu

Orissa HC24 Jul 2023MACA/35/2021

Case brief

AI extract

What is this about?

The Orissa High Court condoned the delay in filing the motor accident claims appeal and quantified further compensation of Rs.2,25,000/- consisting of parental consortium and minimum wage for the deceased labourer, directed to be deposited by the insurer within two months.

What did the court decide?

Insurer-Respondent No.2 directed to deposit further consolidated compensation of Rs.2,25,000/- within two months for disbursement to claimants.

Manasi Manik Vs Manoranjan Sahu — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.35 of 2021

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Manasi Manik and others

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…. Appellants

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Mr.B.N.Rath, Advocate

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-versus-

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Manoranjan Sahu and another …. Respondents

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Mr.N.B.Das, Advocate for Respondent No.2

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CORAM:

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JUSTICE B. P. ROUTRAY

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ORDER

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24.7.2023

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Order No. I.A.No.1416 of 2022

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1. The matter is taken up through Hybrid mode.

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Heard Mr.Rath, learned counsel for the Appellants- and

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Mr.Das, learned counsel for Insurer-Respondent No.2.

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Upon hearing both parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned.

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The I.A. is disposed of.

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MACA No.35 of 2021

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Present appeal by the claimants is directed against the judgment dated 18^th September, 2020 of the 1^st Addl. District Judge-cum-1^st MACT, Cuttack, in M.A.C. Case No.518 of 2017, wherein compensation to the tune of Rs.11,10,467/- has been granted along with interest @6% 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 on 15^th June, 2016. Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 27-Jul-2023 12:40:49

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Page 1 of 2

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The entire challenge is on quantification of compensation amount. The deceased was a labourer. Thus keeping in view the minimum wage rate prevalent on the date of accident and grant of parental consortium to minor children, a further consolidated sum of Rs.2,25,000/- is proposed to the parties in course of hearing. This is agreed by Mr. Rath, learned counsel for the claimants. Mr. Das, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

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In the result, the appeal is disposed of with a direction to Insurer-Respondent No.2 to deposit further consolidated compensation of Rs.2,25,000/- (Two lakh twenty five 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 fixed by the Tribunal.

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

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( B.P. Routray) Judge

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C.R.Biswal

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 27-Jul-2023 12:40:49

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Page 2 of 2

Manasi Manik v. Manoranjan Sahu

Case brief

What is this about?

What did the court decide?

Manasi Manik v. Manoranjan Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

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