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Ashok Katayat v. Sadasiv Parida

Orissa HC14 Dec 2024MACA/2/2023

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; MACA No.2 of 2023; Ashok Katayat & Anr. v. Sadasiv Parida & Anr.; Justice Biraja Prasanna Satapathy; order dated 14.12.2024; motor accident compensation enhancement; disposal in 4th National Lok Adalat by compromise; additional consolidated compensation Rs.3,50,000; deposit within two months; default interest 6% per annum; award of 1st MACT, Puri in MAC No.548 of 2013 dated 21.09.2022; counsel P.K. Mishra (appellants), S.K. Mohanty (Respondent No.2 - Insurance Company).

What did the court decide?

Further consolidated compensation of Rs.3,50,000/- awarded to the claimants-appellants under the Lok Adalat compromise, to be deposited by the respondent Insurance Company before the Tribunal within two months and disbursed per the order dated 21.09.2022; default attracts interest @ 6% per annum until payment.

Ashok Katayat Vs Sadasiv Parida — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the claimants-appellants are entitled to enhancement of the compensation awarded by the learned 1st Motor Accident Claims Tribunal, Puri in MAC No.548 of 2013.

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Court's answer

In view of the compromise effected between the parties, the Court held the appellants-claimants entitled to get further compensation of Rs.3,50,000/- consolidated while disposing the appeal.

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Ratio / Principle

The respondent-company (Insurer) is directed to deposit the further compensation amount before the Tribunal as undertaken, within two months from the date of receipt of the order.

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Key takeaways

On such deposit, the learned Tribunal shall disburse the amount in favour of the claimants-appellants in terms of the order dated 21.09.2022.ratio¶17
If the respondent-company fails to pay within the agreed time, the consolidated amount of Rs.3,50,000/- shall carry interest at 6% per annum from the date of expiry of the two-month period until payment.ratio¶18

Detailed headnote1 paragraphs

Motor Accident Claims Appeal (MACA No.2 of 2023) seeking enhancement of the award of the 1st Motor Accident Claims Tribunal, Puri in MAC No.548 of 2013 (judgment dated 21.09.2022) was taken up in the 4th National Lok Adalat and disposed of on compromise: the Insurance Company (Respondent No.2) agreed to pay further consolidated compensation of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand) to the claimants-appellants, to be deposited before the Tribunal within two months from receipt of the order and disbursed in terms of the order dated 21.09.2022; on failure to pay within the agreed time, the amount carries interest @ 6% per annum from expiry of the two-month period till payment.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA NO.2 OF 2023

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Ashok Katayat & … Another

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Appellants

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Mr. P.K. Mishra, Advocate

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-versus-

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Sadasiv Parida & … Another

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Respondents

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Mr. S.K. Mohanty, Adv. (for Respondent N0.2)

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COROM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER 14.12.2024

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Order No 2. 1 . This appeal is taken up in the 4^th National Lok Adalat through Hybrid Mode in presence of the Advocates/Representatives of both the claimants-appellants and Respondent No.2-Insurance Company.

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2 . Heard Mr. P.K. Mishra, learned counsel appearing for the Appellants and Mr. S.K. Mohanty, learned counsel appearing for the Respondents-company.

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3. This appeal has been filed by the claimantsappellants seeking enhancement of the award passed by the learned 1st Motor Accident Claims Tribunal, Puri in MAC No.548 of 2013 vide judgment dated 21.09.2022. 4. It is agreed in between the parties that respondentscompany will pay a further compensation amount of Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand) consolidated in favour of the claimants-appellants.

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// 2 //

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5. In view of the compromise effected, this Court while disposing the appeal held the appellants-claimants entitled to get further compensation amount of Rs.3,50,000/consolidated. Respondent-company is directed to deposit the amount before the Tribunal as undertaken within a period of two months from the date of receipt of the order.

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6. It is directed that on such deposit of the amount, learned Tribunal shall disburse the same in favour of the claimants-Appellants in terms of the order dt.21.09.2022.

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7. However, if the respondent-company fails to pay the amount within the time as agreed upon, then the consolidated amount of Rs.3,50,000/- shall carry interest @ 6% per annum from the date of expiry of period of two months till its payment.

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8. The compromise petition be treated as part of the record and the same be kept on record.

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9. The MACA is accordingly disposed of.

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(Biraja Prasanna Satapathy, J.) 4th National Lok Adalat

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sangita

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Signature Not Verified

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Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cut tack Date: 16-Dec-2024 16:32:14