Dismissed

Balaram Swain v. Hemanta Ku.Nayak

Orissa HC13 May 2023MACA/627/2019

Case brief

AI extract

What is this about?

In a 2nd National Lok Adalat, the High Court of Orissa settled a motor accident claim against an initially awarded Rs. 30,000 to a consolidated sum of Rs. 27,000. The insured was directed to deposit the amount within two months for disbursement to the claimant, dismissing the appeal.

What did the court decide?

Claim settled at Rs. 27,000; Insurance Company directed to deposit amount within two months for disbursement to claimant.

Balaram Swain Vs Hemanta Ku.Nayak — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK M.A.C.A No. 627 of 2019

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Balaram Swain

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…. Appellant

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Mr. Durga Charan Dey, Advocate for the claimant -versus…. Hemanta Kumar Nayak & Respondents Another

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Mr. Santosh Kumar Mohanty, Advocate for the Oriental Insurance Co. Ltd. along with Officers of the company present in virtual mode

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CORAM:

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JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

13.05.2023

This case is taken up in the 2^nd National High Court Level Lok Adalat.

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On the complaint that the driver of offending vehicletanker bearing registration No.OR-05AS-5859 dashed against the three persons who were waiting at stoppage No.15 of Kujanga-Paradeep road and as a consequence thereof they sustained injuries. Accordingly the petitioner, one of the injured, lodged claim application under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Cuttack which was registered as MACT No.678 of 2014/9 of 2017 (Computer No.7260 of 2014).

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Against the award of compensation of Rs.30,000/- by the learned 3^rd Additional District Judge- cum- 4^th MACT, Cuttack, vide Judgment dated 14.08.2019, qua the present

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MACA No.627 of 2019

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Page 1 of 2

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Appellant-Sri Balaram Swain, it was directed for payment of Rs.30,000/- along with interest in cash.

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The claimant approached this Court by way of an Appeal under Section 173 of the Motor Vehicles Act, 1988, which was registered as MACA No.627 of 2019, for enhancement of awarded amount with interest @ 8.5% per annum from the date of claim till payment.

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With the consent of Sri Durga Charan Dey, learned counsel for the Appellant, who is physically present and on concession of the Officers of the Insurance Company, who are present today before this Lok Adalat through virtual mode, the entire claim is settled at a consolidated sum of Rs.27,000/(Rupees Twenty Seven Thousand only). The Insurance Company is now required to deposit said amount before the Tribunal within two months hence which shall be disbursed to the claimant by the MACT.

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The appeal is disposed of accordingly.

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Urgent certified copy of this order be granted as per

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rules.

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(Murahari Sri Raman, J.) 2^nd National Lok Adalat

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Signature Not Verified

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Laxmikant

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 17-May-2023 15:41:21

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MACA No.627 of 2019

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Page 2 of 2

Balaram Swain v. Hemanta Ku.Nayak

Case brief

What is this about?

What did the court decide?

Balaram Swain v. Hemanta Ku.Nayak

Case brief

What is this about?

What did the court decide?

What the court decided

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