Motor accident claim appeal seeking enhancement of a MACT Balasore award. Parties compromised at the Lok Adalat with the insurer agreeing to pay Rs.4,50,000 additional consolidated compensation, payable within two months, bearing 6% interest if delayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA NO.573 OF 2023
Surendra Patra
…. Appellants
Mr.P.K. Mishra, Adv.
-versus-
Kalandi Charan Nayak & Another
…. Respondents
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No.
14.12.2024
1. 1. This appeal is taken up in the 4th National Lok Adalat through Hybrid Mode in presence of the Advocates/Representatives of both the claimant-appellant and Respondent No.2-Insurance Company.
2. Heard Mr. P.K. Mishra, learned counsel appearing for the Appellants and learned counsel appearing for the Respondent NO.2-company.
3. This appeal has been filed by the claimant-appellant seeking enhancement of the award passed by the learned Motor Accident Claims Tribunal-I, Balasore in MAC Case No.312 of 2020 vide judgment dated 17.01.2023.
4. It is agreed in between the parties that respondentscompany will pay a further compensation amount of
Rs.4,50,000/-(Rupees Four Lakhs Fifty Thousand) consolidated in favour of the claimant-appellant.
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.4,50,000/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.
6. It is directed that on such deposit of the amount, learned Tribunal shall disburse the same in favour of the claimantAppellant in terms of the order dt.17.01.2023
7. However, if the respondents-company fails to pay the amount within the time as agreed upon, then the consolidated amount of Rs.4,50,000/- shall carry interest @ 6% per annum from the date of expiry of period of two months till its payment.
8. The compromise petition be treated as part of the record and the same be kept on record.
The MACA is accordingly disposed of.
(Biraja Prasanna Satapathy,J.) 4th National Lok Adalat
Signature Not Verified
Digitally Signed Signed by: SANGITA PATRA Reason: authenticaiton of order sangita Location: high court of orissa, cut tack Date: 16-Dec-2024 18:11:51
1 issue framed by the court
Whether the claimant was entitled to enhanced compensation for injuries in a motor accident, settled before the Lok Adalat.
Surendra Patra
Kalandi Charan Nayak
Respondent No.2 Insurance Company
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
