Snehalata Behera Vs Mayur Transport Corporation, Cuttack — Orissa HC (2025) — LawSathi Research

Snehalata Behera Vs Mayur Transport Corporation, Cuttack — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Further consolidated compensation of Rs.3,50,000/- to be deposited by Respondent No.2-Company (Insurer) before the Tribunal within eight (8) weeks and proportionately disbursed to the Appellants-Claimants; default attracts interest @ 6% per annum until payment; MACA disposed of in terms of the Lok Adalat settlement.

Issue for consideration

Whether the compensation awarded in favour of the Appellants-Claimants by the Tribunal required enhancement.

Court's answer

Considering the settlement arrived at between the Parties, the Court directed Respondent No.2-Company to deposit the agreed amount of Rs.3,50,000/- consolidated towards further compensation before the Tribunal within a period of eight (8) weeks from the date of receipt of the order.

Ratio / Principle

On such deposit of the amount before the learned Tribunal, the same shall be proportionately disbursed in favour of the Appellants-Claimants.

Key takeaways

If Respondent No.2-Company fails to pay the amount within the agreed time, the consolidated amount of Rs.3,50,000/- shall carry interest @ 6% per annum from the date of expiry of the period of eight (8) weeks till its payment.ratio¶18
The compromise sheet signed in support of the settlement is to be kept in record.ratio¶19

Detailed headnote1 paragraphs

Motor Accidents Compensation Appeal (MACA No.62 of 2025, High Court of Orissa at Cuttack) filed by the claimants seeking enhancement of compensation of Rs.10,20,000/- (with interest @ 7% per annum) awarded vide judgment dated 03.10.2024 in M.A.C. Case No.09 of 2021 by the 1st MACT, Kendrapara, against a claim of Rs.20,00,000/-. Taken up in the 2nd National Level Lok Adalat, the appeal was disposed of on the basis of a settlement between the parties: Biraja Prasanna Satapathy, J., directed Respondent No.2-Insurance Company to deposit a further consolidated sum of Rs.3,50,000/- towards enhanced compensation before the Tribunal within eight (8) weeks of receipt of the order, to be proportionately disbursed to the Appellants-Claimants; on default, the said amount carries interest @ 6% per annum from expiry of the eight-week period until payment. The compromise sheet is to be kept on record. Disposal was on consent; no determination on the merits of enhancement was rendered.

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.62 of 2025

Snehalata Behera &Ors. ..... Appellants Mr. B.B. Singh, Advocate

-versus-

Mayur Transport Corporation, Cuttack &Anr.

..... Respondents

CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

10.05.2025

Order No.01

This appeal is taken up in the 2^nd National Level Lok Adalat through Virtual/Physical Mode in presence of the Advocates/Representatives of both the Parties.

Heard.

This appeal has been filed seeking enhancement of the compensation, so awarded in favour of the Appellants-Claimants vide Judgment dated 03.10.2024 in M.A.C. Case No.09 of 2021 by the learned 1^st MACT, Kendrapara.

It is contended that against the claim of Rs.20,00,000/- made by the Appellants-Claimants, the Tribunal on the face of the material placed before it, only awarded compensation amount of Rs.10,20,000/- along with interest @ 7% per annum payable from the date of filing of application. It is accordingly contended that the award amount needs further enhancement.

Learned counsel appearing for Respondent No. 2-Insurance Company though supported the impugned Judgment, but in course

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of hearing, it is agreed in between the Parties that Respondent No.2-Company (Insurer) will pay further compensation amount of Rs.3,50,000/- consolidated in favour of the Appellants-Claimants.

This Court considering the settlement arrived at in between the Parties, directs Respondent No.2-Company to deposit the aforesaid agreed amount of Rs.3,50,000/- consolidated towards further compensation before the Tribunal, within a period of eight (8) weeks from the date of receipt of this order.

It is directed that on such deposit of the amount before the learned Tribunal, the same shall be proportionately disbursed in favour of the Appellants-Claimants.

However, if the Respondent No. 2-Company fails to pay the amount within the time as agreed upon, then consolidated amount of Rs.3,50,000/- shall carry interest @ 6% per annum from the date of expiry of period of eight (8) weeks till its payment.

The compromise sheet signed in support of the settlement be kept in record.

The MACA is accordingly disposed of.

Biraja Prasanna Satapathy, J (2^nd National Lok Adalat)

Sneha

Signature Not Verified

Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Jul-2025 17:42:08

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