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Judgment
B.P. Routray, J
I.A. No.960 of 2021
Heard Mrs. P. Mishra, learned counsel for the insurer, Mr. A.P. Bose, learned counsel for claimant-Appellant and Mr. N.P. Parija, learned counsel for owner – Respondent No.1.
Present petition is for recalling order dated 8th February, 2020 passed in the Lok Adalat.
It is contended by Mrs. Mishra that the injured Appellant died on 15th October, 2017 pending appeal in a road accident for which his legal heirs filed MAC No.7 of 2018 before the MACT, Keonjhar and got compensation of Rs.7,25,000/-. So due to death of the claimant on the date of order by the Lok Adalat, no further amount could be granted to the legal representatives of the deceased for the claim is on account of injuries sustained by him in the accident.
Mr. Bose in reply submits that the LRs. of the deceased have filed I.A. No.706 of 2021 to come on record. The said I.A. being dismissed by order dated 22nd November, 2021 for non-prosecution, he orally prays for restoration of the said I.A. by recalling order dated 22nd November, 2021.
The prayer to recall order dated 22nd November, 2021 is allowed and I.A. No.706 of 2021 is restored.
Admittedly the deceased died on 15th October, 2017. Such fact was not known to the counsel for either parties on the date of passing of the order in the Lok Adalat on 8th February, 2020. So for that reason it would be improper, as contended by Mrs. Mishra, to recall the entire order awarding further compensation of Rs.3,00,000/-. In the circumstances, it is felt appropriate to direct for disbursal of further compensation amount in favour of the LRs of the deceased as named in I.A. No.706 of 2021.
With the aforesaid observations and direction, I.A. No.960 of 2021 along with I.A. No.706 of 2021, are disposed of.
An urgent certified copy of this order be issued as per rules.
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